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VOL. 3, No. 4 DECISIONS RELEASED JANUARY 6, 1995 ARBITRATION AND MEDIATION – PUBLIC EMPLOYEE – EDUCATION 03-2-4670 Hunterdon Cent. Regional High School Bd. of Educ. v. Hunterdon Cent. Bus Drivers Ass’n/NJEA/NEA, App. Div. (5 pp.) Where a school bus driver claimed that she was fired without just cause, Public Employment Relations Commission properly held that (1) the driver’s grievance was arbitrable, and (2) the arbitrator could reinstate the driver, since no functional difference exists between the failure to reappoint at the end of a fixed term and the dismissal of an at-will employee. EVIDENCE – AUTOMOBILES – NEGLIGENCE 19-2-4671 Lenora Potter, et al. v. Geraldine E. Ponto, et al., App. Div. (7 pp.) Where counsel for plaintiff, who was injured in a car accident, claimed that defense counsel’s summation comment that could have led the jury to draw an adverse inference–to which plaintiff’s counsel did not object–was improper, the court let the remark stand, since plaintiff’s counsel cannot allow objectionable remarks or conduct to pass unnoticed, and then on appeal claim injury. INSURANCE – AUTOMOBILES 23-2-4672 Ivan Nina, et al. v. Pedro Ramirez, et al., App. Div. (4 pp.) Where plaintiffs injured their backs and necks in a car accident, trial court properly dismissed the complaint, since the medical tests and the treating doctors did not verify a significant injury. CRIMINAL LAW AND PROCEDURE 14-2-4673 State v. Craig Adams, App. Div. (7 pp.) Where defendant, who was convicted of murder, claimed that he was denied ineffective assistance because counsel did not raise the issue of juror taint on appeal, trial court properly denied his petition for post-conviction relief, since (1) after a hearing the trial judge concluded that the jury was not tainted, and (2) the argument if raised would not have been successful. 14-2-4674 State v. Carl Johnson, App. Div. (9 pp.) During a trial for aggravated manslaughter, prosecutor’s comments about the victim’s seven children and his characterization of the defendant as a “cold-blooded killer” were improper but not prejudicial, since defense counsel did not object. 14-2-4675 State v. Michael B. Platt, App. Div. (6 pp.) Where defendant, who was convicted of second-degree attempted theft by deception, claimed that the affidavit upon which the search warrant was based was inadequate, trial court properly denied the suppression motion, since the informant, who participated in the offense, had first-hand knowledge. 14-2-4676 State v. Eileen Spadavecchia, App. Div. (4 pp.) Where defendant was convicted of theft, trial court’s failure to instruct the jury that it had a duty to determine the credibility of the defendant’s out-of-court statements constituted reversible error, since the lack of instructions could produce an unjust result.

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