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State Courts -
New Jersey - October 26 - November 1, 2007
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State v. Cassady, DOCKET NO. A-6057-05T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, October 26, 2007, Decided
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Overview: A trial court erred in rejecting a jury charge request on the lesser offense of theft as to defendant's trial for robbery, in violation of N.J.S.A. § 2C:15-1(a)(2), as, although the evidence supported the conviction, it also provided a rational basis for a theft conviction since the bank teller testified that she was not threatened by defendant.
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In re Rosenthal, D-169 September Term 2006,
SUPREME COURT OF NEW JERSEY, November 1, 2007, Filed
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Overview: An attorney was suspended from the practice of law for a period of one year as a result of being found to have violated N.J. Ct. R. Prof. Conduct 1.1(a), 1.1(b), 1.3, 1.4, 1.16(a)(2), and 1.16(d) due to engaging in gross neglect, failing to exercise diligence, and failing to take reasonable steps to protect a client's interests.
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Port Auth. v. Airport Auto Servs., DOCKET NO. A-1458-06T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, November 1, 2007, Decided
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Overview: The 60-day notice requirement set forth in N.J.S.A. § 32:1-163, regarding notice of suit against a state entity, was held to apply to counterclaims, therefore, a trial court lacked jurisdiction to enter a judgment on a tenant's counterclaim against a port authority since the tenant never complied with § 32:1-163 nor N.J.S.A. § 32:1-164.
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