Saturday, January 14, 2012

DV Reversed where Court Permitted Testimony of Acts not set forth in Complaint. J.D. v. M.D

Injured DWI driver not barred from Sueing Tavern for Dram Shop Violation. Voss v. Tranquilino 206 NJ 93 (2011)

No Exception to Search Warrant for “Nuisance Abatement.” State v. Kaltner 420 NJ Super. 524 (App. Div. 2011

Police did not Require Warrant for Cell Phone Site. State v. Earls 420 NJ Super. 583 (App. Div. 2011)

Denial of Criminal Motions does not bar OPRA Request. Kovalcik v. Somerset County Prosecutor’s Office 206 NJ 581 (2011)

New Expert Testimony Requires Testimony of Acceptability and Reliability. State v. Pittman 419 NJ Super. 584 (App. Div. 2011)

DP May Require Forfeit of Public Office. State v. Kennedy 419 NJ Super. 475 (App. Div. 2011)

DP May Require Forfeit of Public Office. State v. Kennedy 419 NJ Super. 475 (App. Div. 2011)

Dispatch of suspiciously parked car permits questioning. State v. Adubato

Objection to lab report starts after all reports provided. State v. Heisler __ NJ Super.

Failure to be able to give sufficient breath samples may be refusal. State v. Schmidt 206 NJ 71 (2011)

Commercial DWI Refusal and General Refusal distinct statutes. State v Nunnally 420 NJ Super. 58 (2011)h

Private citizen cannot appeal dismissal of criminal case dismissed on no probable cause. State v Bradley 420 NJ Super. 138 (2011)

Expert can testify to lab report if they watched & supervised lab test. State v Rehmann 419 NJ Super. 451 (App. Div. 2011)

Error by police dispatcher in invalid arrest warrant requires suppression of evidence under NJ Constitution. State v. Handy 206 NJ 39 (2011)

Theft and calling mom senile fool not grounds for DV. E.M.B. v  R.F.B. 419 NJ Super. 177 (App. Div. 2011)

Witczak If no Exigency, no warrantless search even if report of gun. State v Witczak

Rodriquez Spanish refusal language required retroactively. State v Rodriquez-Alejo 419 NJ Super. 33 (App. Div. 2011)

Officer not always permitted to render opinion. State v. McLean 205 NJ 438 (2011)