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: New York Supreme Court Criminal Term LibraryNew Jersey Law Journal: News Briefs July 14, 2009
By David Badertscher, PLL
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COURT UNDOES REMITTITUR OF $2M AUTO-NEGLIGENCE AWARD
"A state appeals court reinstated a $2 million car-accident verdict on Monday, faulting a Middlesex County judge who reduced it to $600,000 based on what they termed his 'ballpark sense of what a reasonable verdict might be.' The panel specifically called "misguided" Superior Court Judge Philip Paley's consideration of settlement figures discussed by the parties in the case and of no-cause verdicts in other cases. 'The numbers of 'no cause' verdicts handed down in other cases is utterly irrelevant and ... may not be added into the equation,' wrote Judges Joseph Lisa, Susan Reisner and Carmen Alvarez, in their per curiam, unpublished opinion in Candelario v. Kost, DDS No. 05-2-4505" .
WIRETAP TIME LIMITS HELD NOT TO APPLY TO COMMUNICATION DATA WARRANTS
"A warrant used to monitor Internet usage is not subject to restrictions governing wiretaps, a state appeals court ruled Monday, finding a child pornography investigation was unduly hampered by a limited, two-week examination of a defendant's online activities. Though data warrants, which seek access to communications stored after transmission, are governed by the New Jersey Wiretapping and Electronic Surveillance Act, standards applying to CDWs differ significantly from those concerning wiretap applications, the court said in State v. Finesmith, DDS No. 14-2-4517. As a result, the panel found that the trial judge acted arbitrarily in imposing the two-week limit and it granted the attorney general's request for a one-year CDW."
POCKET KNIFE IS NOT A DEADLY WEAPON WITHOUT INTENT TO USE
"Possessing a pocket knife during a robbery doesn't necessarily amount to being armed with a deadly weapon, such as would make it a crime of the first-degree, the state Supreme Court ruled on Monday. Unless a firearm was involved, the trier of fact must decide whether the defendant had immediate access to the potential weapon and an intent to use it in a way that was capable of producing death or serious bodily injury, the justices held. The per curiam ruling in State v. Rolon, DDS No. 14-1-4514, means a new trial for a Union County woman because the judge at her first trial told the jury that her intent with regard to the knife she was carrying was immaterial."
SOTOMAYOR PLEDGES 'FIDELITY TO THE LAW'
"Answering criticisms that her heritage and gender will influence her judging, Supreme Court nominee Sonia Sotomayor told the Senate Judiciary Committee on Monday that her judicial philosophy is 'simple: fidelity to the law.' She spoke on the first day of a historic confirmation hearing that is likely to result in her becoming the first Hispanic justice ? and third woman ? on the nation's highest court. Still, Republican senators wasted no time in outlining their areas of concern, which they are sure to flesh out in questioning of the nominee that begins Tuesday. They focused mainly on past statements such as the one in which she said a "wise Latina judge" would more often than not make a better decision than a white male judge."
NATIONWIDE CLASS ACTION CERTIFIED OVER IMMIGRATION FEES
"A California federal judge has certified a nationwide class action on behalf of hundreds of thousands of immigrants who have been subject to allegedly illegal application fees. The suit, filed in 2007, alleges that the U.S. government has been charging immigrants an additional cost on top of a $50 registration fee Congress prescribed for those seeking Temporary Protected Status. The plaintiffs contend the government can't charge more for collecting "biometric" information: fingerprints, an electronic signature and a photograph. The plaintiffs are seeking a ruling from U.S. District Senior Judge Thelton Henderson that will declare any fees that exceed the $50 to be illegal. They're also asking for an injunction and a refund".
Full post as published by New York Supreme Court Criminal Term Library on July 14, 2009 (boomark / email).
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