Legal Research

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STATE DECISIONS:

Abbott v. Burke
EDUCATION - School Funding - Abbott Districts
"The School Funding Reform Act of 2008 is constitutional and may be applied in Abbott districts subject to the state continuing to provide school funding aid during this and the next two years at the levels required by SFRA's formula, and subject further to mandated review after three years."

State v. Docaj
CRIMINAL PRACTICE - Jury Charges - Passion/Provocation Manslaughter
"Viewing the charge in its entirety, the evidence, the arguments of counsel and the questions asked by the jury, the error in the jury charge on passion/provocation manslaughter was harmless."

Tanenbaum v. Township of Wall Board of Adjustment
LAND USE AND PLANNING - Mount Laurel - Zoning
"Plaintiffs were not entitled to utilize the small-lot zoning applicable to the Mount Laurel developer, but instead were bound by the alternative large-lot zoning otherwise applicable to the area."

Tanenbaum v. Township of Wall Board of Adjustment
LAND USE AND PLANNING - Mount Laurel - Zoning
"Plaintiffs were not entitled to utilize the small-lot zoning applicable to the Mount Laurel developer, but instead were bound by the alternative large-lot zoning otherwise applicable to the area."

Eltrym Euneva, L.L.C. v. Keansburg Planning Bd. of Adj.
LAND USE and PLANNING - Nonconforming Use
"Where the applicant reasonably relied on borough documents and officials in purchasing and renovating its property, the borough is equitably estopped from denying its use as a pre-existing nonconforming multifamily residence."

FEDERAL DECISIONS:

Montejo v. Louisiana
CRIMINAL PRACTICE - Right to Counsel - Self-Incrimination
"Michigan v. Jackson, which forbids police from initiating interrogation of a criminal defendant once he has invoked his right to counsel at an arraignment or similar proceeding, is overturned."

Haywood v. Drown
CONSTITUTIONAL LAW - Jurisdiction - Supremacy
'State statute removing prisoners' suits, including § 1983 suits, against correction officers from general-jurisdiction courts to state Court of Claims violates the Supremacy Clause, since states lack authority to nullify a federal right or cause of action they believe is inconsistent with local policies."

Abuelhawa v. United States
CRIMINAL PRACTICE - Facilitation
"Using a telephone to make a misdemeanor drug purchase does not 'facilitat[e]' felony drug distribution in violation of Controlled Substances Act § 843(b). "

United States v. Jones
CRIMINAL PRACTICE - Voir Dire - Evidence
"The District Court did not err in refusing to restart voir dire after defendant's co-defendants pleaded guilty; there was no error in admitting evidence of gang activities beyond the charges against defendant. "

Viking Yacht Company v. Composites One, L.L.C.
EVIDENCE - Expert Testimony
"The testimony of plaintiff's expert will be excluded only to the extent that he eliminated environmental conditions as a potential cause of cracking of gel coats on yachts manufactured by plaintiffs and concluded that the cause of the gel coat cracking was a material defect in defendant's gel coat product."