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Vol. 2, No. 25 DECISIONS ISSUED FEBRUARY 10, 1994 CORRECTIONS 13-2-2612 Freddie Lee Perry v. New Jersey Department of Corrections, App. Div. (4 pp.) Department properly denied inmate’s request for jail credit for the time he spent in the federal system, since the inmate was serving federal time because of his refusal to consent to extradition to New Jersey as a condition for parole on his federal sentence. FAMILY LAW 19-2-2613 Pamela H. Berger v. Thomas L. Berger, App. Div. (4 pp.) Where father wanted daughter to attend local college where she could live at home instead of boarding away to save money, trial court properly held that husband was required to pay 45 percent of college-related expenses of his daughter, since judge’s decision was consistent with standards the state Supreme Court established to determine parental contribution of a child’s education. TORTS 36-2-2614 Susan Mechaber v. Mary Kavunedis, et al., App. Div. (4 pp.) Trial court properly denied reconsideration of plaintiff employee’s motion for summary judgment dismissing her complaint against the defendants, all of whom were landlords or predecessors- in-interest of the work premises where plaintiff was injured, since at the time of the accident plaintiff’s employer had assumed total responsibility for the premises’ repair and maintenance. CRIMINAL LAW AND PROCEDURE 14-2-2615 State v. Danny Johnson, App. Div. (6 pp.) Where defendant was, among other things, convicted of second- degree possession of a controlled dangerous substance with intent to distribute and had two prior convictions for possession of CDS and a disorderly persons conviction for simple assault, trial court erred in giving defendant more than the presumptive five-year indeterminate sentence, since the judge did not make the proper good-cause finding to justify the longer sentence. 14-2-2616 State v. Daniel Edward Kately and George Kately, Sr., App. Div. (19 pp. incl. concurrence) Where defendant was convicted of death by auto and driving while under the influence of intoxicating liquor, trial court properly admitted evidence of defendant’s routine practice of drinking as habit evidence under N.J.R.E. 406(a). 14-2-2617 State v. Lontell Owens, App. Div (7 pp.) Trial court erred in disqualifying a defense witness for violation of a sequestration order, since absent proof that defendant or defendant’s counsel was at fault for creating or cooperating in the violation, a lesser remedy may be appropriate because the outright exclusion of the witness may infringe on the defendant’s constitutional right to present witnesses in his defense. CRIMINAL LAW AND PROCEDURE – EVIDENCE 14-2-2618 State v. Nicholas Muscio, App. Div. (19 pp.) Trial court improperly admitted other-crimes evidence, since the trial court (1) made no finding by clear and convincing evidence if the other crimes that defendant supposedly committed did actually occur, and (2) did not determine whether less inflammatory evidence could have proven the state’s trial strategy, namely that defendant’s post-crime state of mind was evidence of his guilt.

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