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VOL. 2, NO. 228 DECISIONS RELEASED DECEMBER 28, 1994 BANKRUPTCY 42-2-4621 Philip J. Torsney Retirement Trust v. Michael H. Gottesman, et al., App. Div. (4 pp.) Trial judge erred in denying defendant’s motion to have a judgment stricken from the record, since this is the defendant’s right after his discharge in bankruptcy, under N.J.S.A. 2A:16-49.1. FAMILY LAW 20-2-4622 Maureen Bush v. Thomas Inzillo, App. Div. (5 pp.) In a post-judgment matrimonial matter, trial judge properly allocated dependency tax exemption to the husband and allowed husband to have children for four consecutive weeks during the summer, since both matters were clearly in the judge’s discretion. 20-2-4623 J.E.G. v. E.W.P., App. Div. (4 pp.) In a post-judgment matrimonial matter, where mother appealed from trial judges’ findings, which included a finding that she denied the father visitation with their retarded child, trial court erred in not taking oral testimony and not asking the child if she wanted to visit her father. 20-2-4624 In the Matter of the Guardianship of Ralph P. IV, a Minor, App. Div. (7 pp.) Trial judge properly terminated parents rights, since the child was sexually abused and the parents were unable to function in a parental capacity to the child. CRIMINAL LAW AND PROCEDURE 14-2-4625 State v. James Odel Bunting, App. Div. (13 pp.) Where defendant was convicted of second-degree aggravated assault, trial judge did not abuse his discretion in giving an adverse inference charge to the jury about defendant’s failure to produce his sister and mother as witnesses, since either parties’ testimony would have played little role in the jury’s verdict. 14-2-4626 State v. Carson Slue, App. Div. (4 pp.) Claims of defendant–who was convicted of aggravated manslaughter–that he was denied effective assistance of counsel during his post-conviction appeal on grounds that his attorney did not present the prosecutor and trial counsel as witnesses, lacked merit, since there was no showing that their testimony would have been favorable to the defense. OPINIONS THAT HAVE BEEN APPROVED FOR PUBLICATION: 39-2-4607 Milton Perez v. Monmouth Cable Vision (Dec. 23, 1994); 14-2-4610 State v. Gerald Scher (Dec. 23, 1994).[Both are available online in N.J. Full-Text Decisions.]

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