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| State v. Laboo, DOCKET NO. A-3746-06T5,
SUPERIOR COURT OF NEW JERSEY, September 28, 2007, Decided
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Overview: An order suppressing evidence was reversed as no violation of defendants' Fourth Amendment or N.J. Const. art. I, para. 7, rights occurred from the warrantless search of an apartment as exigent circumstances, although police created, justified entry based on the police tracking a cell phone as a result of reasonable investigative conduct.
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| In re Saidel, D-12 September Term 2007,
SUPREME COURT OF NEW JERSEY, October 3, 2007, Filed
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| State v. Moon, DOCKET NO. A-5402-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 9, 2007, Decided
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Overview: The elements of the crime of endangering an injured victim, in violation of N.J.S.A. § 2C:12-1.2(b)(2), were held not to apply to a person who abandoned a corpse. Therefore, because there was no evidence that the victim defendant shot in the head was alive after the shooting, his conviction for endanger was reversed on appeal.
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| In re Rhoades, D-15 September Term 2007,
SUPREME COURT OF NEW JERSEY, October 10, 2007, Filed
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| Long Branch Hous. Auth. v. Villano, DOCKET NO. A-4617-05T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 10, 2007, Decided
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Overview: A trial court erred by dismissing a public housing authority's complaint to evict a tenant as the trial court had to consider the criteria set forth in N.J.S.A. § 2A:18-61.1(e)(2), regardless of whether the tenant had knowledge of the alleged illegal drug activity going on in her apartment.
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| Menichetti v. Palermo Supply Co., DOCKET NO. A-2290-06T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 10, 2007, Decided
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Overview: An employer's offer to pay a reduced amount of counsel fees to an employee in a workers' compensation case under N.J.S.A. § 34:15-64(c), which turned out to be higher than the percentage of permanent disability determined, was deemed to have been tendered in good faith so as to reduce the employer's liability to pay counsel fees.
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| In re Kopp, D-16 September Term 2007,
SUPREME COURT OF NEW JERSEY, October 11, 2007, Filed
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| State v. Johnson, DOCKET NO. A-4544-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 11, 2007, Decided
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Overview: Though defendant did not file his appeal until after suspended sentences on prior controlled substance charges were reinstated as a result of a conviction for a probation violation, defendant's appeal, almost a year later, was considered timely since the sentencing court never advised defendant of his right to appeal as required by R. 3:21-4(h).
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| State v. Rowland, DOCKET NO. A-4383-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 11, 2007, Decided
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Overview: Having knowledge of the law requiring a contractor to register with the Division of Consumer Affairs before engaging in or attempting to engage in the home improvement business was not an element of the offense set forth in N.J.S.A. § 56:8-138(a); therefore, a trial court erroneously dismissed an indictment against defendant.
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