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Case digests, coverage of key rulings, and analysis of trends
By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in failing to consider evidence related to the potential sale of the parties' successful trucking business before assigning the entire asset to husband as part of the equitable distribution of the parties' marital estate. The appellate court affirmed in part, reversed in part and remanded for further proceedings.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
The trial court erred in suppressing evidence found on defendant's person after a vehicle stop since the arresting officer was acting under a municipal drug task force agreement that did not require county ratification and, thus, his conduct did not violate the Municipal Police Jurisdiction Act. The appellate court reversed the trial court's order of suppression.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Under the "plain feel doctrine," police had probable cause to arrest defendant where the arresting officer frisked him and detected what he immediately recognized as narcotic packaging hidden in defendant's groin area. The court denied defendant's omnibus pretrial motion to suppress evidence.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Trial court properly terminated mother's parental rights where child was adjudicated dependent shortly after birth, had strongly bonded with foster/pre-adoptive mother and mother's mental health and drug and alcohol problems interfered with her ability to care for the child, she had not utilized all available resources to deal with her problems and failed to do what needed to be done to establish a parent-child relationship with the child. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 23, 2017
Prior inconsistent recorded statement about defendant's intoxication was properly admitted, under the trial court's discretion, to impeach a witness, where the jury as factfinder could determine whether the recorded statement was inconsistent with the witness' trial testimony and weigh the witness' testimony and credibility accordingly. Judgment of sentence affirmed.
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By Michael Booth | June 21, 2017
In a rare self-reversal, the New Jersey Supreme Court has overturned its five-year-old ruling that permitted appeals courts judges to use their own judgment in reviewing decisions made by trial judges regarding the admissibility of evidence in criminal trials.
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By C. Ryan Barber | June 20, 2017
A Washington federal judge has set a showdown for Thursday between Humana Inc. and the Federal Trade Commission over whether the insurer will be forced to disclose documents the agency says it needs for its investigation of Walgreens Boots Alliance Inc.'s proposed $7 billion acquisition of Rite Aid Corp.
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By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
Trial court did not err in overruling appellant's objection to the prosecution's opening statement, in appellant's trial for abuse of a corpse, because the statement did not invite the jury to step into the shoes of the deceased's family, the trial court properly admitted color photographs of the body since they were relevant, not inflammatory and critical and appellant waived his discretionary aspects of sentencing claim. Affirmed.
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By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
Criminal defendant's motion to dismiss was a de facto petition for a writ of habeas corpus, and defendant waived his right to challenge the sufficiency of the evidence he had previously waived the preliminary hearing. Motion to dismiss denied.
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By Rhys Dipshan | June 15, 2017
A Legalweek West session offers anecdotal insight into how defensible data dispositions unfold, and some of the strategies and legal risks to consider.
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