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Vol. 2, No. 9 DECISIONS ISSUED JANUARY 18, 1994 EDUCATION – PUBLIC EMPLOYEES 16-2-2334 Sally Primka v. Board of Education of the Borough of Jamesburg, App. Div. (6 pp.) Although local school board has an obligation to consult with its superintendent prior to implementing a reduction in force, under N.J.S.A. 18 A:28-9 the board may implement a reduction over the superintendent’s objection. LANDLORD/TENANT 27-2-2335 Paul and Mary Thompson v. Lee and Marcus Peter, App. Div. (4 pp.) Where tenant left window blinds in landlord’s apartment when he moved out and he did not pursue recovery of the cost until three months after landlord had returned his security deposit, trial court should have concluded that tenant had abandoned the property. NEGLIGENCE 31-2-2336 Karin Benz v. Helio Pires et al., App. Div. (6 pp.) Where jury in negligence suit exonerated defendant, but plaintiff was entitled to recovery under an agreement that put a floor and a ceiling on defendant’s potential liability (“high-low agreement”), plaintiff was not entitled to recover pre-judgment interest on her recovery since the agreement did not provide for it. CRIMINAL LAW AND PROCEDURE 14-2-2337 State v. Jorge Acevedo, App. Div. (11 pp.) In arson trial, trial court properly admitted testimony of trainer of dog that was used to detect fire accelerants, since the trainer (1) was qualified as an expert, (2) testified in detail about the dog’s training and (3) testified as to her interpretation of the dog’s actions during the search. 14-2-2338 State v. Howard Beltran, App. Div. (14 pp.) Defendant failed to establish a prima facie case that the prosecutor used its peremptory challenges in a racially discriminatory manner, since nine minority jurors were selected to sit through the trial and defendant presented no evidence of prosecutor’s alleged bias. 14-2-2339 State v. Steven DeMauro, App. Div. (8 pp.) Where prosecution appealed trial court’s suppression of defendant’s confession that was based on interrogating officer’s testimony that at one point defendant indicated that he had nothing to say, remand was ordered for a determination of whether defendant intended to invoke his right to remain silent or to deny his involvement in the crime. 14-2-2340 State v. Michael Soltys, App. Div. (12 pp.) Defendant charged with conspiracy to commit aggravated assault may assert the statutory entrapment defense in N.J.S.A. 2C:2-12a despite its exclusion of crimes in which causing or threatening bodily injury is an element, since defendant was indicted only for conspiracy, not the substantive crime of assault. 14-2-2341 State v. Robert Stroman, App. Div. (12 pp.) Drug- distribution conviction was reversed since state presented no expert testimony that the quantity of drugs possessed by defendant suggested that the drugs were not for his personal use. 14-2-2342 State v. Marc Toler, App. Div. (14 pp.) (1) Trial court properly permitted state to introduce evidence that defendant invoked his right to remain silent after his arrest in order to show that defendant’s statements to his father — which police officer overheard and testified about — were voluntarily made. (2) Murder defendant who testified that his victim punched him in the face prior to the killing was not entitled to a sua sponte instruction on passion/provocation, since there was no evidence that defendant was enraged to the point that he was not able to control his actions.

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