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   State Courts - New Jersey - September 15 - September 21, 2006

  
I.E.'s, L.L.C. v. Simmons, DOCKET NO. F-13336-03, SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, MIDDLESEX COUNTY, September 15, 2006, Decided
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Overview: Due to defective service upon three heirs, and after weighing the equities, a judgment of foreclosure on a tax sale certificate was vacated in order to allow the three heirs an opportunity to redeem the property since personal service was made on only one heir in possession, with the bona fide purchaser of value being aware of such possession.

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Toll Bros., Inc. v. Board of Chosen Freeholders of County of Burlington, DOCKET NO. A-4814-03T5, A-4816-03T5, A-6884-03T5, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 18, 2006, Decided
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Overview: Under N.J.S.A. § 40:55D-42, developer was properly held to its agreement with county to pay more than its pro rata share of off-site improvements even though scope of development was substantially reduced after agreement was executed, as agreement did not contravene an express legislative policy and was not inconsistent with the public interest.

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In re Lynch, D-3 September Term 2006, SUPREME COURT OF NEW JERSEY, September 19, 2006, Decided , September 19, 2006, Filed
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In re Dargay, D-185 September Term 2005, SUPREME COURT OF NEW JERSEY, September 20, 2006, Filed
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In re Epstein, D-186 September Term 2005, SUPREME COURT OF NEW JERSEY, September 20, 2006, Filed
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In re Yadlon, D-187 September Term 2005, SUPREME COURT OF NEW JERSEY, September 20, 2006, Filed
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State v. Domicz, A-42 September Term 2005, SUPREME COURT OF NEW JERSEY, September 20, 2006, Decided
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Overview: Defendant was prosecuted for growing marijuana plants in his home. The trial court properly refused to suppress evidence seized pursuant to a consent search, as N.J. Const. art. I, para. 7 did not require police to have a reasonable and articulable suspicion of criminal activity before seeking consent to search a home.

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State v. O'Neill, DOCKET NO. A-0147-04T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 21, 2006, Decided
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Overview: Defendant's two tape-recorded statements made to the police were not the product of an unconstitutional two-stage interrogation technique of question-first, warn-later, because the statements were substantially different and taken at different times and locations, with defendant never challenging the adequacy of the Miranda warnings given.

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State v. Rountree, DOCKET NO. A-2043-02T1, A-5014-02T1, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 21, 2006, Decided
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Overview: In a post-conviction relief (PCR) matter, Apprendi did not apply retroactively to second-offender mandatory extended-term sentences under the Graves Act, N.J.S.A. § 2C:43-6(c), (d), (g), and (h) and N.J.S.A. § 2C:44-3(d). Therefore, defendant's PCR petition was properly denied regarding his sentencing challenge.

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State v. Walkings, DOCKET NO. A-2218-03T4, SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, September 21, 2006, Decided
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Overview: On appeal from defendant's narcotics-related convictions, the appellate court found that the trial judge should not have further explored a juror's concerns through his own ex parte, unrecorded discussions with that juror, which required the case to be remanded for the completion of a full record as to the communications with that juror.

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