New Jersey's New Conditional Dismissal Law A-3598

September 11, 2013 |

Originally published by the New Jersey State Legislature (Bill A-3598) here. Republished by Jeffery Hark To download the official document in PDF form, click here. ASSEMBLY, No. 3598 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED DECEMBER 13, 2012 Sponsored by: Assemblyman REED GUSCIORA District 15 (Hunterdon and Mercer) Assemblyman JON M. BRAMNICK District 21 (Morris,…

Three Exceptions to Non-Profit Immunity Statutes

September 4, 2013 |

Discovery Rule does Not Excuse Violation of the Two-Year Statute of Limitations

September 4, 2013 |

36-2-1081 Zurich American Insurance Company v. Abbud, App. Div. (per curiam) (13 pp.)     The appellate panel affirms, finding the discovery rule inapplicable. It is clear that on August 19, 2005, the facts known to plaintiff were sufficient to start the statute of limitations running. Because plaintiff knew that Bill had been injured, and knew the…

Selecting Expert Witnesses

August 30, 2013 |

TORTS 36-2-1092 Walker v. Torres, App. Div. (per curiam) (14 pp.) After a jury verdict of a no cause of action in this auto negligence case in which plaintiff settled with the tortfeasor and then proceeded against her under-insured motorist carrier, plaintiff appeals from two evidentiary rulings made by the trial judge, contending the judge…

Heightened Attention from Police – State v. Moss, A-1080-11T2 (App. Div.)

August 28, 2013 |

State v. Moss, A-1080-11T2 (App. Div.) On March 21, 2013, the Appellate Division affirmed the denial of the defendant’s suppression motion. On May 9, 2009, police were traveling in an unmarked car in an area of high crime and narcotic activity. The officers were wearing the modified uniform consisting of jeans, a t-shirt with police…

Warrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)

August 26, 2013 |

State v. Williams A-2486-11T2 (App. Div) On April 3, 2013, the Appellate Division reversed the conviction of the defendant, Jarrell Williams for second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b. Defendant was charged with possession of a handgun after police performed a motor vehicle stop and found the handgun on the floor of…

Improper Ex-Parte Conduct Results in a Reversal – State v. Shaffona Morgan (A-119-11)

August 23, 2013 |

State v. Shaffona Morgan (A-119-11) On August 8, 2013 the New Jersey Supreme Court affirmed the conviction of Shaffona Morgon for second-degree aggravated assault, fourth-degree aggravated assault and possession of a handgun for an unlawful purpose. On November 24, 2005, the defendant had an altercation with deli store owners after she purchased a Boost Mobile…

Police Need Warrant For Cell Phone Data – State v. Thomas W. Earls (A-53-11) NJ Supreme Court

August 21, 2013 |

State v. Thomas W. Earls (A-53-11) NJ Supreme Court On July 18, 2013 the New Jersey Supreme Court reversed the conviction of Thomas W. Earls because police needed a warrant to obtain his location via his cell phone. On January 26, 2006, the police filed a complaint against the defendant for receiving stolen property and…

Rejection of Fifth Amendment Claim – Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court

August 20, 2013 |

Genoveno Salinas v. Texas, (No. 12-246) U.S. Supreme Court On June 17, 2013, the U.S. Supreme Court affirmed the judgment of the Texas Court of Criminal Appeals rejecting petitioner’s Fifth Amendment claim. On December 18, 1992 two brothers were shot and killed in their Houston home. Police recovered six shotgun casings at the scene and…

New Jersey Assembly Introduces a Bill Which Expands Implied Consent Statute to Include Blood And Urine Testing

August 19, 2013 |

A4284 – S2939 Expands Implied Consent Statute to Include Blood And Urine Testing. Originally published by TruckCrashAttorney.com               On June 24, 2013 the New Jersey Assembly introduced a bill to expand the implied consent of motor vehicle operators to include blood and urine testing. The bill would amend P.L.1966, c.142 which currently on includes breath. The bill…