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VOL. 3, NO. 9 DECISIONS RELEASED JANUARY 13, 1995 CIVIL RIGHTS 46-2-4723 Mustafa Abdel-Latif v. Sec. Operations Sys., Inc., App. Div. (5 pp.) Where employee claimed that employer discriminated against him due to his national origin by paying him less, demoting him, and then discharging him, director of state Division on Civil Rights properly found no discrimination, since evidence suggested that the employee requested a layoff. LABOR AND EMPLOYMENT – REAL ESTATE 25-2-4724 Howard F. Koval Realty, Inc. v. Angela D. Sambuco, et al., App. Div. (5 pp.) Where, during a bench trial, judge erred in not allowing the defendant to testify because she refused to reveal her home address on the record, since it deprived defendant of a fair chance to defend herself; the appellate opinion said that the “trial judge’s position was unreasonable and overbearing,” because it forced the defendant to choose between possible physical harm and reliance on documentary evidence, instead of explanatory testimony. PRODUCT LIABILITY 32-3-4725 Samuel Gantes, et al. v. Kason Corp., et al., Law Div. (9 pp.) Where family of factory worker, a Georgia resident, who was killed while working on a chicken processing machine, sued machine manufacturer, a New Jersey corporation, trial court dismissed the complaint, since Georgia’s interest was predominate, and the suit is barred by Georgia’s 10-year statute of repose, which began to run when the product was placed in the stream of commerce. (Approved for publication Jan. 12, 1995.) [Available online in N.J. Full-Text Decisions.] TORTS 36-3-4726 Albert T. Bauer, et al. v. Harleigh Cemetery Co., Law Div. (9 pp.) Where families sued cemetery for damage to grave sites caused by vandals, trial court held that a nonprofit Title 8A cemetery is not liable, since the burial site owner–by contract with the cemetery or individual security effort–has more control over the conditions than the nonprofit cemetery. (Approved for publication Jan. 12, 1995.)[Available online in N.J. Full-Text Decisions.] TORTS – FAMILY LAW 36-3-4727 Jean Marie Cusseaux v. Wilson Pickett, Jr., Law Div. (12 pp.) Where defendant moved to dismiss the first count of plaintiff’s complaint dealing with the “battered-woman’s syndrome” on grounds that it is not a recognized affirmative cause of action, trial court denied the motion, since the court recognized the syndrome as a cognizable cause of action dependent upon four elements. (Approved for publication Jan. 5, 1995.) [Available online in N.J. Full-Text Decisions.] CRIMINAL LAW AND PROCEDURE 14-2-4728 State v. Rory Keith Bryson, App. Div. (8 pp.) Where defendant, who was convicted of being an accomplice to a first-degree purposeful or knowing murder, claimed that trial judge committed plain error when he instructed the jury that defendant’s mental state must match that of the actor or actors, trial judge properly charged the jury, since there was no reasonable basis in the evidence from which the jury could believe that defendant had the mental state for a lesser crime. 14-2-4729 State v. Kristina Burris, App. Div. (16 pp. incl. concurrence) Where defendant, who was convicted of murder, during police interrogation invoked her right to an attorney but then changed her mind, trial court erred in allowing a prosecutor to use one of the defendant’s “compelled” statement for impeachment purposes, since it would approve of conduct that vigorously pressed interrogation notwithstanding an assertion of the right to remain silent. [Available online in N.J. Full-Text Decisions.] 14-3-4730 State v. Charles Carter, Law Div. (7 pp.) Where defendant, who was charged with murder, moved to compel production of the decedent’s criminal case history to support his self-defense claim, even though defendant had not shown that he knew about any violent acts committed by the decedent, trial court granted the motion since, absent the need to keep certain information confidential, the state has no interest in denying the accused access to any potentially relevant evidence. (Approved for publication Jan. 12, 1995.)[Available online in N.J. Full-Text Decisions.] 14-2-4731 State v. Frederick A. Wilks, App. Div. (4 pp.) Trial court erred in convicting defendant of second-degree cocaine possession, since the judge failed to charge the jury that the weight of the cocaine is an element of the crime. OPINIONS APPROVED FOR PUBLICATION 07-2-4707 Marion Stebbins, et al. v. Daniel D. Robbins, et al. (Jan. 12, 1995); 31-2-4713 Cidalina O. Carvalho, et al. v. Toll Bros. and Developers and Bergman Hatton Engineering Assocs., et al. (Jan. 12, 1995); 14-2-4717 State v. Tommie C. Alston (Jan. 12, 1995).[All available online in N.J. Full-Text Decisions.] EDITOR’S NOTE: The Alert will not be published and orders will not be filled on January 16, 1995, due to the holiday. In the Jan. 12, 1995 Alert, 17-2-4709 Alfieri Co. Inc. v. State of New Jersey, DEPE, the Appellate Division decision is included in the 14-page Supreme Court decision.

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