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Notes -
Court opinion:
A woman is standing in front of a supermarket shelf, contemplating a purchase. An employee comes up next to her, kneels on the floor with one leg sticking out behind him, and starts stocking the shelf. The woman notices the employee's presence. Nevertheless, 30 to 60 seconds after the employee's arrival, she walks away, trips over the employee's outstretched leg, and sustains injuries.
The woman sues the supermarket, but the trial judge speedily dismisses the case.
The appeals panel affirms.
Court opinion with hilariously hentai facts but also an interesting legal issue:
The three-year-old informs the wife. The wife confronts the husband, and he confesses to her. The wife informs the couple's pastor. Both the wife and the pastor urge the husband to confess to the police. The wife and the pastor inform local police. Simultaneously but separately, the husband confesses, first to a 911 dispatcher, then to a municipal police officer over the phone, and finally to a state police officer in an extended in-person interview. The standard Miranda rights aren't read to him until he gets to the state police.
The husband is charged with seven felonies, pleads guilty to two of them, and is sentenced to 15 years in prison (with the possibility of parole after 13 years). He appeals, arguing that the dispatcher and the two officers misleadingly implied in their interrogations that he was not a criminal suspect and would be able to escape with merely counseling rather than prison.
The appeals panel rejects this argument. (1) "We emphasize at the outset that defendant was not in custody when he called 911 and spoke to the dispatcher." "The dispatcher's comments that defendant was 'doing the right thing by coming forward' and that [the municipal officer] would 'get [defendant] the best help' simply do not rise to the level of the repeated, explicit assurances made in [two cases where this argument was accepted]." (2) "Defendant is hard pressed to argue he did not believe he was a suspect in the crime that he had already confessed to. Furthermore, [the municipal officer]'s assertion that he was 'not familiar with the whole situation' was, in substance, true. And, finally, at the risk of repetition, this conversation occurred via phone. Defendant was not in custody." "Like the dispatcher's statements—and quite unlike the detectives' assertions in [a case where this argument was accepted]—[the municipal officer]'s reply does not constitute an affirmative representation that defendant will not face criminal charges or penal consequences." (3) "[The state officer]'s words do not in our view constitute an affirmative misrepresentation that somehow undermined defendant's waiver of his right against self-incrimination or was otherwise inappropriate, warranting judicial condemnation." "By comparison [with three cases where this argument was accepted], [the state officer]'s remarks are innocuous."
News article:
A person buys a defunct group home, converts it to a six-bedroom single-family house, and rents out the bedrooms. The building has a sprinkler system, as the code requires of group homes, but the system is broken. The owner spends 4 k$ on repairs, but the system breaks again, and he declines to spend another 6 k$ on more repairs, since a sprinkler system is not required in a single-family house.
Municipal code enforcement cites the owner for failing to maintain the sprinkler system. It argues that, once a sprinkler system has been installed, that system must be maintained and cannot be removed, even though it would not be required under the current use.
The owner appeals, arguing that code enforcement's interpretation is wrong. The code-enforcement board agrees with him and rules that the sprinkler system can be removed.
Court opinion:
A developer buys a defunct golf course and submits an application to redevelop it with two warehouses. The municipal zoning officer denies the application, because (inter alia) it does not show all the existing steep slopes on the land. The developer appeals, arguing that the manmade steep slopes of the defunct golf course are not included within the "natural resources" that the municipal zoning code requires an applicant to identify.
The zoning board denies the appeal, and the trial judge and the appeals panel affirm. "Natural resources" are defined in the municipal zoning code as "existing natural elements relating to land" and to include "steep slopes". The plain dictionary definition of "natural resources" includes manmade environmental features such as parks. And, under state precedent, any law that applies to "steep slopes" applies to both manmade and natural slopes unless the law explicitly states otherwise, since whether an originally manmade slope becomes "natural" 10, 30, or 100 years after its creation "is the sort of 'thorny bordering on philosophical' question best avoided by courts and left to legislation and policymaking".
I have to be real with you — infants being abused by their pederast father is not my idea of "fun".
I said "hilariously hentai facts". I would not be surprised to find a similar storyline in a literal hentai manga.
Don't post that shit here. I think you go to efforts to find cases that contain 'legal interests' when your interest is obviously prurient (like you asking posters what they think about during masturbation, or that other case of sexual abuse you found 'funny'). Then you sandwich it all in a big post where other idiots respond to other parts of the post.
I checked all the opinions posted by New Jersey courts in the past week, plus some Pennsylvania appellate decisions, and came up with three opinions—one that was funny (supermarket), one that was interesting (developer), and one that was both funny and interesting (honey). I decided to add a judicial-adjacent newspaper article that I happened to have read, and to hold over for next week three non-judicial items that I also wanted to post. You can believe that or not.
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