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VOL. 2, NO. 137 DECISIONS RELEASED JULY 29, 1994 ATTORNEY/CLIENT 04-1-3870 In the Matter of Phillip F. Guidone, An Attorney at Law, Supreme Ct. (14 pp.) Where lawyer in land sale told his client, the seller, that he was a partner in the company seeking to buy the land, but failed to disclose the problems associated with his conflict of interest, Court held that the lawyer violated the Rules of Professional Conduct, and was suspended for three months. CIVIL PROCEDURE – NEGLIGENCE 07-2-3871 Joy S. Crell v. Shapiro Catering Inc., App. Div. (7 pp.) Where a waitress struck plaintiff in her back, injuring her, trial court erred in denying plaintiff’s motion in limine to prevent caterer from presenting evidence regarding liability at the trial on damages, since this issue should not have been presented to the jury in any form, because the parties stipulated to liability before trial. INSURANCE 23-2-3872 Allstate Ins. Co. v. Richard Massa and Brian Layton and Mary Gibson, App. Div. (4 pp.) Where insured sought coverage under homeowner’s policy for damages after he struck a person observing a fight who then filed suit against him, trial court erred in holding that the assault was admissible under N.J.R.E. 803(c)(22) and coverage was precluded under the intentional acts provision, since the insured, who was tried as a juvenile, was found guilty of an unindictable offense, which is only admissible to impeach the insured; therefore, coverage applies. CRIMINAL LAW AND PROCEDURE 14-2-3873 State v. Allen Tucker, App. Div. (6 pp.) Where defendant’s uncle, who refused to testify at defendant’s trial by invoking the Fifth Amendment privilege, and who pled guilty to cocaine distribution within 1,000 feet of school property, for which defendant was convicted, trial court properly did not confer judicial immunity sua sponte upon the uncle, since (1) the uncle clearly invoked the privilege, and (2) the judge probably did not have the authority to confer immunity. 14-2-3874 State v. Elton C. Pierce, App. Div. (5 pp.) Where defendant was resentenced for aggravated assault after an attempted murder conviction was reversed, defendant was properly resentenced even without an appellate mandate, since the resentencing is supported by federal and state case law. 14-3-3875 State v. Fred L. Vickery, Law Div. (9 pp.) Where a Society for the Prevention of Cruelty to Animals member, who was charged with official misconduct by collecting pet food for a fictitious organization, claimed that as an SPCA member he is not a “public servant,” under N.J.S.A. 2C:30-2, trial court held that he is a public servant, since as an SPCA member he can obtain arrest warrants from judges, and has other privileges private citizens do not enjoy. (Approved for publication July 28, 1994.) CRIMINAL LAW AND PROCEDURE – CONSTITUTIONAL LAW 14-3-3876 State v. Harbi Kharter, Law Div. (17 pp.) Where defendant — who was convicted of illegally operating Keno machines which the city of Paterson would not license because they promote gambling — claimed that a municipal ordinance was preempted by state gambling regulations, trial court held that there is no preemption. (Approved for publication July 28, 1994.)

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