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VOL. 2, NO. 117 DECISIONS RELEASED JUNE 29, 1994 FAMILY LAW 20-2-3637 Sheila M. Eule v. Avram S. Eule, App. Div. (19 pp.) Where father appealed from trial court’s decision ordering him to pay $350 per week in child support and 50 percent of temple and hebrew school cost, trial court erred in not making any factual findings about the parties’ weekly available income, the children’s needs, and school costs. INSURANCE – ENVIRONMENT 23-2-3638 Alan Nunn, Georgia Nunn and Georgia Gilman v. Franklin Mut. Ins. Co., App. Div. (11 pp.) Where insurer — which issued a special multi-peril policy containing a pollution-exclusion endorsement — denied coverage when contents of above-ground oil tank on plaintiffs’ residential property leaked out through their property onto neighbor’s property, trial court properly affirmed coverage denial, since the exclusion was not ambiguous. PUBLIC EMPLOYEES 33-2-3639 Dorothy Kletzkin v. Bd. of Educ. of the Borough of Spotswood, Supreme Ct. (18 pp. incl. dissent) Where a school psychologist, who was forced to take an involuntary leave of absence due to a work-related injury, was fired before returning to work but after passing the date at which she would have been entitled to tenure, the state Education Commissioner properly held that the psychologist should not have been fired, since a board of education teaching-staff employee may acquire tenure while on a leave of absence due to a work-related injury, under N.J.S.A. 18A:28-5(c). CRIMINAL LAW AND PROCEDURE 14-1-3640 State in the Interest of J.L.A., Supreme Ct. (21 pp.)[See companion case no. 14-1-3642] Where juvenile, if tried as an adult, would have been convicted of first-degree armed robbery and second-degree aggravated assault, appellate court erred in reversing family court’s imposition of a consecutive sentence, since the Code of Juvenile Justice should not be construed to prohibit imposition of consecutive sentences on juveniles who have committed two or more delinquent acts. 14-2-3641 State v. James P. Badger, App. Div. (16 pp.) Where defendant was convicted of purposeful and knowing murder, state witness’s desire after the trial to recant his testimony incriminating the defendant entitled defendant to an evidentiary hearing to determine whether the witness’s recantation meets the new trial test; defendant also is entitled to an evidentiary hearing to determine whether the prosecutor provided defense counsel with all the exculpatory information in his possession. 14-1-3642 State in the Interest of G.C., Supreme Ct. (4 pp.)[See companion case no. 14-1-3640] Where juvenile, if tried as an adult, would have been convicted of fourth-degree aggravated assault and third-degree unlawful possession of a shotgun, appellate court erred in reversing family court’s imposition of a consecutive sentence, since the Code of Juvenile Justice should not be construed to prohibit imposition of consecutive sentences on juveniles who have committed two or more delinquent acts. 14-2-3643 State v. Robert Hervey Gunn, App. Div. (4 pp.) Where defendant, who was convicted of rape, filed a petition for post-conviction relief late, trial court properly denied the petition, since the defendant failed to demonstrate excusable neglect, under R. 3:22-12. 14-2-3644 State v. Jose Carlos Sousa and Thomas Smith, App. Div. (26 pp.) Where defendants were convicted of second-degree aggravated assault, (1) trial court properly held that defendant Sousa’s confession was voluntary after he received numerous Miranda warnings, since a review of the N.J.R.E. 8 hearing testimony fully supported the trial judge’s decision; and (2) trial court properly denied defendant Smith’s ineffective assistance of counsel motion where, during a hearing, his attorney offered no evidence to resist the state’s motion to waive jurisdiction, since the defendant failed to demonstrate that his counsel’s deficiencies had a prejudicial effect. 14-2-3645 State v. William Sykes, Jr., App. Div. (4 pp.) Where defendant was convicted of aggravated sexual assault, trial court’s failure to conduct a N.J.R.E. 104(a) hearing — to determine the trustworthiness of statements the child victim made to her mother and the investigator — was not reversible error, since the victim’s statements were internally consistent.

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