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Vol. 4 No. 75 – APRIL 22, 1996 STATE COURT CASES CIVIL PROCEDURE – ENTIRE CONTROVERSY 07-2-8662 Brunswick Comfort Co. v. South Middlesex Industrial Park Associates, et al, App. Div. (5 pp.)u Where plaintiff’s original antitrust and tort claims against one entity had been dismissed with prejudice, and where, before filing first complaint, plaintiff had information in its possession identifying that original defendant as only one partner in the partnership entity that held title to real property, plaintiff’s failure to join the partnership title holder in its original suit warrants dismissal of second suit under the entire controversy doctrine. CIVIL PROCEDURE 07-2-8663 Abenante v. Mitchell Environmentalists, et al, App. Div. (5 pp.) Plaintiff who failed to comply with discovery orders and did not appeal the judgment of dismissal entered as a result of the noncompliance cannot later argue that the original discovery orders were not warranted under the rules and move to set aside the judgment pursuant to R. 4:50-1(a),(f) on the grounds of excusable neglect or exceptional circumstances. CONSTITUTIONAL LAW – CRIMINAL LAW 10-2-8664 State in the interest of J.G., N.S., and J.T., App. Div. (19 pp.) Two statutes requiring AIDS and HIV testing upon request of the victim of sexual assaults or analogous delinquency offenses are not unconstitutional because the individual defendant’s interest in preventing a bodily intrusion and disclosure of his HIV status is significantly less weighty than the compelling state interest in the health and welfare of the victim in particular and the public in general because testing may decrease the victim’s anxiety and can assist the state in safeguarding the health and safety of the offender and those with whom he comes in contact. [Approved for publication, April 22, 1996] MUNICIPAL LAW – PUBLIC EMPLOYEES – ADMINISTRATIVE LAW 30-2-8665 In the Matter of Police Officer and Superior Officer, Essex County (1991 Layoffs), App. Div. (13 pp.) County is obligated to fund back pay awards required by a settlement agreement which was embodied in a consent order entered by the ALJ and accepted by the Merit System Board as its final order, where the County had implemented several of the provisions of the settlement and where the acting county executive and county counsel acknowledged in the settlement order that they had authority to execute the settlement. The Local Budget Law does not render the settlement unenforceable because of insufficient appropriation at the inception of the liability because the settlement order itself imposed the legal requirement on the county to fund its terms. PUBLIC EMPLOYEES – CRIMINAL LAW 33-2-8666 State v. Tina Stratton, App. Div. (5 pp.) Dismissal of indictment for official misconduct in violation of NJSA 2C:30-2 — where defendant allegedly shoplifted groceries on her way home from work while still wearing her prison guard uniform — is affirmed because her official status was not used to shoplift. CRIMINAL LAW AND PROCEDURE 14-2-8667 State v. Howard Thomas, App. Div. (9 pp.) Conviction reversed where defense counsel timely objected and 1) the prosecutor elicited testimony that the defendant had failed to appear on the first day scheduled for trial; 2) the trial judge allowed testimony without limiting instruction that the defendant was being held without bail on earlier charges, even though that testimony was relevant to attack the defendant’s credibility in testimony that his confession was involuntary, and 3) the trial court failed to give a Hampton charge that the jury could disregard the confession if it was not credible. A Daily Reporter of N.J. Court Decisions

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