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VOL. 2, NO. 211 DECISIONS RELEASED DECEMBER 2, 1994 CORRECTIONS – TORTS 13-2-4445 Michael Curry v. Hudson County Sheriff’s Dept., et al., App. Div. (11 pp.) Where defendant, a county jail prisoner, was assaulted by fellow prisoners after sheriff’s officer told other prisoners that defendant had raped a four-year-old child, trial court properly dismissed the complaint against the sheriff’s department, since a prisoner is barred from suing public employees for injuries caused by another prisoner, under N.J.S.A. 59:5-2(b)(4). FAMILY LAW 20-2-4446 Susan Strande v. Kjell E. Strande, App. Div. (3 pp.) Trial court properly (1) prohibited husband from communicating with his wife and child, and (2) allowed father only supervised child visitation, since husband’s actions toward the family constituted harassment under N.J.S.A. 2C:25-19a(13)to both wife and child. FAMILY LAW – CONSTITUTIONAL LAW 20-4-4447 R.T. and M.T. v. J.E. and L.E., Ch. Div. (10 pp.) Chancery court held that state grandparent visitation statute, N.J.S.A. 9:2-7.1, does not violate the Fourteenth Amendment, since the stature clearly uses fundamentally fair procedures, and the statute is not arbitrary or capricious. [Approved for publication Nov. 30. 1994.][Available online in N.J. Full-Text Documents.] LABOR AND EMPLOYMENT 25-2-4448 Kathryn Hoffman-Rouse v. Bd. of Review and Forum Hotel, App. Div. (4 pp.) Division of Unemployment and Disability Insurance properly held that teacher was ineligible for unemployment benefits pursuant to N.J.S.A. 43:21-4(g)(1), since she received a “reasonable assurance” that she would work as a substitute teacher. CRIMINAL LAW AND PROCEDURE 14-2-4449 State v. Christa Hermanns, App. Div. (15 pp.) Where, in municipal court, defendant was convicted of numerous municipal ordinance violations, defendant is entitled to a new municipal court trial, since she was deprived of her right to counsel.[Available online in N.J. Full-Text Documents.] 14-2-4450 State v. John F. Hinds, App. Div. (21 pp.) Where defendant, who was not a public servant, was convicted of official misconduct as an accomplice for thefts committed by a police officer, trial court erred in convicting defendant, since N.J.S.A. 2C:30-2 states that only a public servant can be guilty of this crime.[Available online in N.J. Full-Text Documents.] 14-2-4451 State v. Perry Jones, App. Div. (16 pp.) Trial judge’s jury instructions–that a defendant could be found guilty of third-degree endangering the welfare of a child by assuming parental responsibility on a temporary basis–constituted plain error, since this crime only applies to those who have assumed a general and ongoing responsibility for the care of the child. 14-2-4452 State v. Thomas S. Pendleton, App. Div. (36 pp.) Where defendant was convicted of second-degree sexual assault, trial court properly admitted testimony about prior similar incidents to show defendant’s state of mind. 14-2-4453 State v. Charles Wright, App. Div. (6 pp.) Where defendant was convicted of receiving stolen property, trial court erred in denying suppression motion for evidence seized from apartment dumpster during a warrantless search, since tenant’s consent to search apartment did not extend to the dumpster, and there is an expectation of privacy in bagged household trash that is placed outside the home for pickup and disposal, under the state constitution. CRIMINAL LAW AND PROCEDURE – ALCOHOLIC BEVERAGES 14-2-4454 State v. Cornelia H. Scott, App. Div. (4 pp.) Where defendant claimed that she had walked to a liquor store and had not driven, trial court properly convicted defendant of drunk driving, since the arresting officer saw her park her car before entering the store.

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