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VOL. 2, NO. 121 DECISIONS RELEASED JULY 6, 1994 CIVIL PROCEDURE – AUTOMOBILES – NEGLIGENCE 07-1-3692 Paul Caldwell v. Deloris Haynes, Supreme Ct. (29 pp.) Where plaintiff sued for injuries after being seriously injured when a disabled car that he was sitting in was struck by a car, the matter is remanded for a new trial on damages only, since trial court erred in not instructing the jury on (1) the relevance of work-life expectancy when calculating a future- income award, and (2) determining the current value of such an award. LAND USE 26-2-3693 Eagle Group of Princeton, v. The Zoning Bd. of Adjustment of Hamilton Township, App. Div. (16 pp.) Where plaintiff developer applied for a hardship variance to construct stores in a residential zone, board erred in denying the variance on the grounds that the developer did not establish the for negative criteria as enumerated in Medici v. BPR Co., 107 N.J. 1 (1987), since if the Medici holding is applied to a hardship variance application, the practical use of the land is not considered, which may amount to a taking of property. REAL ESTATE – CONTRACTS 34-2-3694 M. Alan Fineberg and MX 338 Realty Corp. v. N. Hook Assocs., (10 pp.) Where parties to a land-purchase contract failed to buy land from Conrail, a condition precedent to the contract, trial court properly denied plaintiffs’ damage claims, since (1) parties used their best efforts to obtain the Conrail land, and (2) the contract terminated by its own terms. CRIMINAL LAW AND PROCEDURE 14-2-3695 State v. Jannette Alvarez, App. Div. (16 pp.) [See companion case No. 3699.] Where defendant was convicted of manslaughter for killing her eight-month-old child, trial court properly denied defendant’s request to be tried separately from co-defendant, since (1) neither presented a defense theory that was based solely on blaming the other, and (2) even though the defense theories were somewhat antagonistic, they were not mutually exclusive, as in State v. Brown, 118 N.J. 595 (1990). 14-2-3696 State v. Otis R. Andries, App. Div. (5 pp.) Where defendant was convicted of second-degree cocaine possession with intent to distribute, trial court properly rejected defendant’s claim that he did not live in the apartment where the police found the drugs, but was just visiting his girlfriend, since he exercised the requisite control over the drugs to constitute constructive possession. 14-2-3697 State v. Tony L. Christian, App. Div. (9 pp.) Where defendant, who pled guilty to cocaine possession within 1,000 feet of a school zone, trial court erred in affirming denial by prosecutor of defendant’s pretrial intervention application, since the prosecutor’s claim that the defendant did not tell the truth was not supported. 14-2-3698 State v. Gregory Donahue, App. Div. (5 pp.) Where defendant, who was found guilty of marijuana possession in a municipal court case, claimed that marijuana found in his apartment belonged to his roommate’s friend, on appeal trial court properly found him guilty, since the record indicated that the marijuana belonged to the defendant and his roommate. 14-2-3699 State v. Monte Torres, App. Div. (22 pp.)[See companion case No. 3695.] Where defendant, who was convicted of purposeful and knowing murder for killing an eight-month-old child, claimed that the jury should not have been instructed on accomplice liability because he did not have a legal duty to protect the child, the jury instructions were proper, since the defendant, even though he was not the natural or adoptive parent, was responsible for the child’s care, under N.J.S.A. 9:6-2. CRIMINAL LAW AND PROCEDURE – CONSTITUTIONAL LAW 14-2-3700 Ira Bolyard, et al. v. Douglas Berman, Treasurer, State of New Jersey, et al. and Dep’t of the Pub. Advocate, Office of the Pub. Defender, et al., App. Div. (24 pp.) Where plaintiffs, who were indigent parolees and had been charged with parole violations, were not assigned public defenders because the state Legislature failed to provide the requisite funding for 1991-1992, trial court properly (1) held that the state Constitution does not require the state to provide representation in a broader range of circumstances than is required, under Gagnon v. Scarpelli, 411 U.S. 778 (1973), and (2) required members of the private bar to represent them.

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