STATE COURT CASES

CRIMINAL LAW AND PROCEDURE
14-2-xxxx State v. Scott, App. Div. (Fasciale, J.A.D.) (16 pp.) We focused on the mens rea needed to convict defendant of second-degree possessing, receiving or transferring a community gun, N.J.S.A. 2C:39-4a(2), and analyzed whether the state must prove that defendant knew the firearm was a community gun. We held that defendant’s knowledge of the communal character of a firearm is not an element of the statute. [Decided Nov. 8, 2012.] [Digested at page xx.]

LANDLORD/TENANT — PREMISES LIABILITY — NEGLIGENCE

27-2-8131 Kandrac v. Marrazzo’s Market at Robbinsville, App. Div. (Espinosa, J.A.D.) (17 pp.) In this appeal from an order granting summary judgment, we consider whether a commercial tenant in a multitenant shopping center owes a duty to its patrons to maintain an area of the parking lot that the landlord is contractually obligated to maintain. We hold that, although the determination of a duty remains a fact-sensitive issue, as a general rule, the commercial tenant does not have such a duty. [Decided Nov. 5, 2012.] [Digested at page xx.]