05-1-2892 Agha v. Feiner , Sup. Ct. (Long, J.) (28 pp.) The testimony of a physician qualified to interpret an MRI was required to establish that the MRI represented proof of a herniated disc, and, absent such testimony, the trial court was required to give a limiting instruction regarding the jury’s use of the MRI. Because the trial court’s rulings had the effect of lulling Agha into believing that the production of the radiologist who prepared the report was unnecessary, a new trial is required. [Decided Feb. 26, 2009.] [Digested at page xx.]
CRIMINAL LAW AND PROCEDURE — CIVIL COMMITMENTS — SEXUALLY VIOLENT PREDATOR ACT
14-1-2840 In the Matter of the Civil Commitment of J.M.B. , Sup. Ct. (LaVecchia, J) (57 pp., including dissent by Albin, J.) When faced with an application for civil commitment under N.J.S.A. 30:4-27.26(b), a court may consider the circumstances that led to the qualifying prior conviction. When that conduct is substantially equivalent to the sexually violent conduct encompassed by the offenses in N.J.S.A. 30:4-27.26(a), then that prior conviction may provide the predicate for a civil commitment application under subsection (b). That determination may be made by the committing court, on application of the attorney general. [Decided Feb. 23, 2009.] [Digested at page xx.]
