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| State v. Ortiz, DOCKET NO. A-4941-05T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 19, 2006, Decided
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Overview: Defendant adjudicated not guilty by reason of insanity and released under N.J.S.A. § 2C:4-8(b)(2) was not subject to periodic Krol reviews as a condition of release but the trial court had the inherent authority to impose, as a condition of release under § 2C:4-8b(2), the submission of periodic reports from defendant's mental health provider.
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| State v. Blakney, A-117 September Term 2005,
SUPREME COURT OF NEW JERSEY, December 20, 2006, Decided
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Overview: Defendant's conviction of murdering her six-month-old son was reversed because proof of her guilt was less than overwhelming, and the trial court's defective limiting instructions on other-crimes evidence under N.J.R.E. 404(b), when combined with inappropriate, emotionally-charged remarks by the prosecutor in summation, denied her a fair trial.
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| State v. Buda, DOCKET NO. A-4778-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 20, 2006, Decided
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Overview: Testimony of a social worker who interviewed a child at a hospital after he was allegedly assaulted by defendant was inadmissible under the Confrontation Clause and N.J. Const. art. I, para. 10; because the social worker was trying to determine if a crime had been committed, the child's statements were "testimonial" under Crawford.
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| Board of Educ. of Borough of Alpha, Warren County v. Alpha Educ. Ass'n, A-79 September Term 2005,
SUPREME COURT OF NEW JERSEY, December 21, 2006, Decided
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Overview: Although a public employee representative's grievance was untimely filed, an arbitrator properly considered it under "continuing violation" doctrine, as representative argued that each time board of education failed to provide paid health benefits to certain employees, there was separate violation of the parties' collective negotiations agreement.
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| Diehl v. Diehl, DOCKET NO. A-1976-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 21, 2006, Decided
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Overview: Where a father was injured before divorce was final and received a retroactive award of SSD benefits after divorce, trial court erred in awarding him credit for SSD benefits paid to his child for weeks during which father was charged with support a reduced level, as this was neither equitable nor consistent with child support guidelines, R. 5:6A.
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| McKenzie v. Board of Trustees of Public Employees' Retirement System, DOCKET NO. A-1376-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 26, 2006, Decided
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Overview: Under N.J.S.A. § 43:15A-61, a reviewing court determined that a government employee must remain actively engaged in his or her office, position, or employment until he or she attained the age and service requirements to qualify for veterans' benefits upon retirement.
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| All Modes Transport, Inc. v. Hecksteden, DOCKET NO. A-0361-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 27, 2006, Decided
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Overview: A trial court had no obligation to interrupt a party's testimony to warn him that it might be self-incriminating, and a trial court should not suggest to a party that the failure to settle a case might result in the court referring that party's testimony to the appropriate prosecuting authority.
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| JS Properties, L.L.C. v. Brown and Filson, Inc., DOCKET NO. A-5993-04T1,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 27, 2006, Decided
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Overview: In a commercial tenancy matter, a trial court properly dismissed the tenant's constructive eviction claim since the tenant remained in possession for six months after the landlord's suit for possession but the landlord's damages claim was remanded due to erroneous exclusion of the tenant's expert testimony on sale or rental value of the leasehold.
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| New Jersey Citizens United Reciprocal Exchange v. American Intern. Ins. Co. of New Jersey, DOCKET NO. A-2099-05T5,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, December 27, 2006, Decided
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Overview: In a declaratory judgment action, where a claimant, other than the named insured, sought to void a step-down provision based on the insurer failing to provide reasonable notice of a change in underinsured motorist coverage, the burden of persuasion to prove inadequate notice to the insured rested with the claimant, not the insurer.
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