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Thursday, March 11, 2010

STATE OF NEW JERSEY IN THE INTEREST OF T.M. A-4897-08T4

STATE OF NEW JERSEY IN THE INTEREST OF T.M.
A-4897-08T4 03-08-10
This short opinion serves as a reminder to Family Part
judges that a hearing to determine waiver of a juvenile for
adult prosecution of a designated serious charge does not
involve weighing the evidence to determine guilt or innocence
but only whether the State has probable cause to charge the
juvenile.

RONEN SHIMONI V. N.J. DEPARTMENT OF CORRECTIONS A-1408-08T1

RONEN SHIMONI V. N.J. DEPARTMENT OF CORRECTIONS
A-1408-08T1 03-05-10
Denial by the Commissioner of Corrections of an inmate's
application to serve the remainder of his sentence in the
country of his citizenship is not subject to the usual standard
of judicial review, i.e. whether it was arbitrary, capricious or
unreasonable. Considering that inmates have no constitutionally
protected liberty interest in an international transfer and
given the broad powers statutorily invested in the Commissioner,
denial of such an application will not be reversed absent proof
that it was made with malicious intent or on a constitutionally
impermissible basis, such as race, religion, or national origin.

RAHGEAM JENKINS v. NJ DEPARTMENT OF CORRECTIONS A-1220-08T3

RAHGEAM JENKINS v. NJ DEPARTMENT OF CORRECTIONS
A-1220-08T3 03-05-10
Prison disciplinary regulation prohibiting the possession
of "anything related to a security threat group" is not
unconstitutionally vague and provides fair warning of prohibited
conduct. The court's review of the record, which included a
gang investigator's identification of gang-related terms in
seized letters and reasons, supported a finding that possession
of these letters was prohibited.

State v. Jason V. Broom-Smith (A-3-09)

State v. Jason V. Broom-Smith (A-3-09) 3-9-10
The Court affirms the Appellate Division’s
determination that N.J.S.A. 2B:12-6 and Rule 1:12-3,
which address the designation of judges, were broad
enough to authorize the Berkeley Township municipal
judge to issue the search warrant for defendant’s
house in Dover Township under the circumstances
presented in this case.