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Vol. 4 No. 102 – May 29, 1996 STATE COURT CASE CRIMINAL LAW AND PROCEDURE — JUVENILES 14-1-9040 State v. Cameron Jack, Supreme Ct. (18 pp.) To warrant a new plenary juvenile waiver hearing, (1) a juvenile must make a prima facie showing that there was genuine evidence of a statutorily-relevant potential for rehabilitation that was not presented to the juvenile court due to the ineffective assistance of counsel and (2) upon remand after such a showing is made, the juvenile court must assess the attorney’s reasons for not providing the evidence and whether there was any reasonable likelihood that the waiver decision would have been different had the evidence been presented. FEDERAL COURT CASES CIVIL RIGHTS 46-7-9041 Frank A. Scalcione, et al. v. City of Jersey City, et al., U.S. Dist. Ct. (13 pp.) (1) Plaintiffs’ allegations of police harassment, if true, represent abuses of power under color of state law, and there is ample evidence in the record to support a finding of a continuing violation of constitutional rights. (2) Defendants’ motion to dismiss on the basis of qualified immunity is denied since they must prove that their acts fall within the scope of their discretionary authority and that the acts were not committed with malice, both of which are fact questions. INSURANCE — DUTY TO DEFEND 23-7-9042 Morgan, Lewis & Bockius, LLP v. Hanover Ins. Co., U.S. Dist. Ct. (26 pp.) Since some of the claims asserted against insured are covered by the insurance policies, but some are not, there should be a proportionate allocation of the costs to defend the underlying litigation between the covered and non-covered claims, and makes the allocation. LANDLORD/TENANT 27-8-9043 J.C. Penney Co., Inc. v. Giant Eagle, Inc., et al., Third Cir. (22 pp.) District court correctly granted a permanent injunction against defendant for the duration of the plaintiff’s lease, including renewals, since plaintiff continuously held the exclusive right to operate a pharmacy in the shopping center through its original lease and later memorandum, the latter of which gave defendant constructive notice of plaintiff’s exclusive right when the lease was entered. LANDLORD/TENANT — CIVIL RIGHTS 27-7-9044 Ok-Soon Dang v. Alexis Doughty, et al., U.S. Dist. Ct. (14 pp.) Police are entitled to qualified immunity for their decision to aid landlord in removing the plaintiff tenant, who is residing in an owner-occupied dwelling with not less than two rental units, since it is unclear whether tenant has a protectable property right under state law to be free from a self-help eviction or whether she was entitled to notice before she was dispossessed, and claims against the police and against the municipality for failure to properly train the police are dismissed. CRIMINAL LAW AND PROCEDURE 14-8-9045 U.S.A. v. Kenneth Gateward, etc., Third Cir. (6 pp.) District court correctly upheld defendant’s conviction under 18 U.S.C. 922(g) — for possession in or affecting commerce of a firearm as a convicted felon — and upheld the constitutionality of the law.

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