Search Results
| Case name | Citation | Summary |
| [New Jersey] STATE OF NEW JERSEY V. STANLEY LEE TUCKER | 1994/08/08 | Docket No: SUPREMECOURTSYLLABUS Under the facts and circumstances of this case, the seventy-two-hour delay in holding defendants first court appearance did not require the suppression of defendants statements. In addition, because defendant did not request counsel at his first court appearance, his subsequent confession was admissible against him at trial. Also, the Court directs its Criminal Practice Committee to review and recommend amendments to the first-appearance Rule of Court. |
| [New Jersey] THE GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC. V. POINT PLEASANT | 1994/08/04 | Docket No: SUPREMECOURTSYLLABUS The provision in the Municipal Land Use Law that precludes the adoption of a zoning ordinance by referendum does not prohibit the use of a non-binding referendum. |
| [New Jersey] FEINBERG V. STATE OF NEW JERSEY, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. | 1994/08/03 | Docket No: SYLLABUS In serving timely notice of claim to the Attorney General and the Department of Environmental Protection and Energy, Joan Feinberg properly served the New Jersey Water Supply Authority under the Tort Claims Act. |
| [New Jersey] WASSERMAN'S INC. V. TOWNSHIP OF MIDDLETOWN | 1994/08/02 | Docket No: SYLLABUS The lease between Wassermans and the Township of Middletown was enforceable; therefore, the Township is liable and Wassermans and Jo-Ro for terminating the lease. The agreement did not violate N.J.S.A. 40:60-42, and N.J.S.A. 40A:12-14 does not apply retroactively to the lease. |
| [New Jersey] STATE OF NEW JERSEY V. LUCY MALDONADO | 1994/08/01 | Docket No: SYLLABUS N.J.S.A. 2C:35-9 is constitutional in all respects. In addition, a conviction under N.J.S.A. 2C:35-5(a), the general distributing/ manufacturing/dispensing offense, must merge into a conviction under N.J.S.A. 2C:35-9. |
| [New Jersey] IMO PHILLIP F. GUIDONE, An Attorney At Law. | 1994/07/29 | Docket No: SUPREMECOURTSYLLABUS Respondent clearly engaged in conduct that violated the Rules of Professional Conduct governing conflict of interest situations. Based on the factual circumstances of the case, a three-month suspension from the practice of law is warranted. |
| [New Jersey] STATE OF NEW JERSEY V. ANTHONY DIFRISCO | 1994/07/27 | Docket No: SUPREMECOURTSYLLABUS For the forced use of a peremptory challenge to constitute reversible error under New Jersey law, a defendant must demonstrate that a juror who was partial sat as a result of the defendants exhaustion of peremptories. Erroneous advice from counsel did not constitute constitutionally-ineffective assistance of counsel. The trial court did not erroneously refuse to accept a non-unanimous verdict from the jury. |
| [New Jersey] STATE OF NEW JERSEY V. CHARLES BRENT | 1994/07/27 | Docket No: SYLLABUS Criminal restraint is a lesser-included offense of the offense charged-first-degree kidnapping by asportation to facilitate the commission of an aggravated sexual assault. Nonetheless, the evidence does not demonstrate a rational basis for a verdict acquitting Charles Brent of the greater charge of kidnapping and convicting him of the lesser-included crime of criminal restraint. Therefore, the trial court did not err in failing to instruct the jury, at Brents request, on the offense of criminal restraint as a lesser-included offense of kidnapping. |
| [New Jersey] THE PAUL REVERE LIFE INSURANCE COMPANY V. GILBERT K. HAAS | 1994/07/26 | Docket No: SYLLABUS An insured may not recover under a disability insurance policy for a disease that he or she intentionally concealed when applying for the policy. |
| [New Jersey] CRAWN V. CAMPO | 1994/07/21 | Docket No: SYLLABUS The duty of care applicable to participants in informal recreational sports is to avoid the infliction of injury caused by reckless or intentional conduct. |
| [New Jersey] CONTEY V. NEW JERSEY BELL TELEPHONE COMPANY | 1994/07/20 | Docket No: SYLLABUS The primary responsibility for the safety of the motoring public rests with the highway planners and engineers and the public bodies by whom they are employed at the State, county and local level. |
| [New Jersey] COSTELLO V. OCEAN CITY OBSERVER | 1994/07/20 | Docket No: SYLLABUS The fair-report privilege does not apply to the Ocean County Observer article because it fails to convey fully, fairly, and accurately the status of a pending judicial proceeding. Moreover, Officer Costello is a public figure subject to the actual-malice burden of proof. That burden has not been met in this case because Costello has failed to prove by clear and convincing evidence that the Observer article was written and published with actual malice. |
| [New Jersey] STATE OF NEW JERSEY V. RYAN LEE ALEXANDER | 1994/07/19 | Docket No: SYLLABUS In a prosecution under the drug-kingpin statute, N.J.S.A. 2C:35-3, the trial court should instruct the jury that it must find that the defendant occupies a high-level position, that is, a position of superior authority or control over other persons, in a scheme or organization of illegal drug distribution, manufacture, dispensing or transporting, and that in that position the defendant exercised supervisory power or control over others engaged in an organized drug-trafficking network. |
| [New Jersey] STATE OF NEW JERSEY V. ALPHONSO ROBINSON | 1994/07/14 | Docket No: SYLLABUS Attempted passion/provocation manslaughter is cognizable under the Code of Criminal Justice as a lesser-included offense of attempted murder. |
| [New Jersey] STATE OF NEW JERSEY V. RAFAEL VALENZUELA | 1994/07/13 | Docket No: SYLLABUS A juror cannot be discharged as unable to continue deliberations unless the record adequately establishes that the juror suffers from an inability to function that is personal and unrelated to the jurors interaction with other jury members. The record in this case does not clearly indicate that the juror was unable to continue; it can be implied from the record that the jurors problems related not only to personal circumstances but also to factors arising from the jurors interactions with other jurors. Therefore, the trial court abused its discretion in discharging Juror No. 9. |
| [New Jersey] GEORGE HARMS CONSTRUCTION CO. V. NEW JERSEY TURNPIKE AUTHORITY | 1994/07/07 | Docket No: SYLLABUS Although project-labor agreements serve important purposes in assuring efficient and economical administration of large construction projects, the public-bidding laws of New Jersey and the policies underlying them do not permit State agencies to require contractors to enter into project- labor agreements with designated labor organizations to the exclusion of all others. Resolution 19-93 of the TPA therefore is invalid. |
| [New Jersey] CALDWELL V. HAYNES | 1994/07/06 | Docket No: SYLLABUS Plaintiffs in personal-injury and wrongful-death actions bear the burden of proving net income when seeking recovery for diminished earning capacity based on lost wages. In addition, the trial court must instruct the jury with respect to the relevance of work-life expectancy in the calculation of an award based on future lost income and the determination of the present or current value of such an award. |
| [New Jersey] STATE OF NEW JERSEY V. MARKO BEY | 1994/06/30 | Docket No: SYLLABUS Beys sentence, considering both the crime and the defendant, does not disclose a disproportionate result when compared with those in similar cases. The sentence of death is affirmed. |
| [New Jersey] WITKOWSKI V. THOMAS J. LIPTON, INC. | 1994/06/30 | Docket No: SYLLABUS The terms and conditions of the employee manual give rise to a factual question of whether Edward B. Witkowski could reasonably expect that the manual provided job security, thereby creating an implied contract of employment under Woolley v. Hoffman-LaRoche. |
| [New Jersey] ANTHONY NICOSIA V. WAKEFERN FOOD CORPORATION | 1994/06/30 | Docket No: none Sufficient evidence existed to support the determination that, by virtue of its specific provisions and distribution, the entire Wakefern Employment Manual constituted an implied contract of employment that barred Nicosias termination without cause. In addition, the trial court properly held that as a matter of law the disclaimer was ineffective in negating any enforceable obligations of the employment manual. |