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Vol. 2, No. 46 DECISIONS ISSUED MARCH 18, 1994 DEBTOR/CREDITOR 15-2-2869 United Jersey Bank/South, N.A. v. Jeanette M. Camera and Theodore E. Camera, App. Div. (4 pp.) [King, P.J.A.D.] Where defendant-debtor had defaulted under an automobile loan agreement, trial court erred in denying wage- execution application because debtor did not have money to pay toward judgment, since even if debtor has no ability to pay, the wage execution may be modified by a stay, pursuant to N.J.S.A. 2A:17-55, until payment is possible. FAMILY LAW 20-2-2870 Carol Balin v. Robert Balin and Nora Balin, App. Div. (5 pp.) Where defendant-husband failed to file motion to reduce alimony and temporarily withheld alimony payments, trial court properly ordered husband to post security for alimony payments, since, in considering husband’s arrears and the fact that he was moving to Arizona, under N.J.S.A. 2A:34- 23 court was authorized to have husband post bond. 20-2-2871 Nancy J. Stetson v. David L. Stetson, App. Div. (5 pp.) In an appeal requesting an accounting for interest credits in a divorce settlement, where defendant-husband conveyed his equity interest in marital residence to plaintiff-wife, the value of which was put into a constructive trust for child-support payments that would be made while the husband was incarcerated, trial court properly determined mortgage principal, date of mortgage cancellation, interest due, and credits for direct payments to wife, since trial judge’s decision was based on a careful review of evidence presented. JURISDICTION 24-2-2872 FDS, U.S.A., Inc. v. Global Transportation Services, Inc. and Robert P. Morrone, App. Div. (6 pp.) Where plaintiff sued defendant Global, a Washington corporation, in a New Jersey court, trial court erred in dismissing action, under R. 4:6- 2(b) for lack of personal jurisdiction, since Global had sufficient contacts with New Jersey, even though it was not authorized to do business in the state; for example, under its agreement with plaintiff, Global sent all correspondence to plaintiff’s New Jersey office, and New Jersey law controlled. LAND USE – ENVIRONMENT 26-2-2873 In re Application No. 92-0020-01 (Submitted by the Walter R. Earle Corp. to the Pinelands Commission), App. Div. (17 pp.) Where commission permitted asphalt-processing facility operator to recycle petroleum-contaminated soil in the Pinelands if he accepted soil only from Pinelands municipalities and counties having 50 percent of their territory in the Pinelands (50 percent rule), commission erred in imposing 50 percent rule, since it was a misnomer because commission had no regulations placing limits on treatable waste originating outside the Pinelands; it was just part of a judicial settlement, with a single DEPE-licensed entity. CRIMINAL LAW AND PROCEDURE 14-2-2874 State v. Dwayne Cannon, App. Div. (8 pp.) (Villanueva, J.A.D.) Where defendant was indicted for distributing a controlled dangerous substance, trial judge erred in barring state’s expert witness’s testimony about drug distribution methods used by street-level drug dealers, since contrary to trial judge’s decision, witness’s testimony was not within jury’s common knowledge. 14-2-2875 State v. Sherri M. Capak, App. Div. (8 pp.) (Stern, J.A.D) Where defendant pled guilty in municipal court to taking a prescription sheet from her doctor and using it in a fraudulent manner, and then later pled guilty in Superior Court to an attempt to acquire a controlled dangerous substance by fraud, and both pleas arose from the same incident, trial judge properly denied defendant’s claim that second prosecution was barred by Double Jeopardy Clause, since non-indictable offense in municipal court dealt with a theft from her doctor’s office and the superior court indictment involved defendant’s attempt to obtain a controlled dangerous substance. 14-2-2876 State v. Brian C. Pendelton, App. Div. (7 pp.) Where victim’s mother, after leaving witness stand, struck defendant and his counsel and screamed out that defendant had murdered her son, trial court properly denied defendant’s motion for a mistrial, since even if witness’s statement was hearsay, it was not reversible error because of judge’s jury instructions. 14-2-2877 State v. John Henry Sanderson, Jr., App. Div. (6 pp.) Where pursuant to request from fellow inmate defendant brought drugs into state prison, trial court properly dismissed defendant’s entrapment claim, since prison officials never asked inmate to approach defendant in that manner, which demonstrated that state did not “[e]mploy[] methods of persuasion or inducement which create[d] a substantial risk that such an offense [would] be committed by [a] person[] other than [one] who [was] ready to commit it.” 14-2-2878 State in the Interest of M.W., App. Div. (5 pp.) Where defendant struck corrections officer’s left hand with a closed fist, which made officer’s thumb bend backwards causing nerve and tendon damage, and officer was out on disability for 10 months, trial judge properly held that defendant committed an aggravated assault, based on substantial evidence in record.

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