LAW OFFICES OF GEOFFREY D. MUELLER, LLC

Per the New Jersey Law Journal:

"A New Jersey appeals court has upended a trial judge’s suppression of blood evidence taken from a woman who caused an accident after getting behind the wheel with a blood-alcohol level of more than four times the legal limit.

"The Appellate Division thwarted the defendant’s efforts to invoke the U.S. Supreme Court’s ruling last year in Missouri v. McNeely, which held that dissipation of alcohol in the bloodstream by itself isn’t enough to establish exigency in order to bypass the warrant requirement.

“'The fact that the Supreme Court rejected a per se exigency rule in McNeely should not be misinterpreted as a retreat from its recognition that the dissipation of alcohol in the blood merits considerable weight in a totality-of-the-circumstances analysis,' Appellate Division Judge Marianne Espinosa wrote in the published case, State v. Jones."

Full law journal article and text of decision after the jump...

Per The NY Times:

"WHEN I was about 9 years old, I graduated to a Little League whose diamonds were a few miles from our house, in a neighborhood that got rougher after dark. After one practice finished early, I ended up as the last kid left with the coach, waiting in the gloaming while he grumbled, looked at his watch and finally left me — to wait or walk home, I’m not sure which.

"I started walking. Halfway there, along a busy road, my father picked me up. He called my coach, as furious as you would expect a protective parent to be; the coach, who probably grew up having fistfights in that neighborhood, gave as good as he got; I finished the season in a different league.

"Here are two things that didn’t happen. My (lawyer) father did not call the police and have the coach arrested for reckless endangerment of a minor. And nobody who saw me picking my way home alone thought to call the police on my parents, or to charge them with neglect for letting their child slip free of perfect safety for an hour."

Full article after the jump...

Case summary courtesy of R.R.:

"This lawsuit had all the elements of a heroic quest. Well, almost all of them. The long and short of it is that the plaintiff wanted Beach Boys tickets, and went to a ticket kiosk at Wal-Mart, and no Wal-Mart Associate was there to help him at 10:00 sharp, so he got lousy tickets."

The Complaint was a big hit at the trial level, being separately characterized as "frivolous", "patently frivolous" and "the most frivolous complaint I have ever seen."  Apparently, our judiciary has never had lawn seats in the rain.

Full appellate decision below...

Per The New Jersey Law Journal:

"A New Jersey judge has ruled in a case of first impression that a party in a divorce case cannot have a person vested with the power of attorney appear in court or sign pleadings on his or her behalf.

"Ocean County Superior Court Judge Lawrence Jones said that, generally, a divorcing spouse must participate personally in the proceedings unless there has been a finding that he or she is incompetent or needs the assistance of a guardian.

"'Particularly in the realm of matrimonial and family court litigation, the entire fact-finding procedure is heavily dependent upon the testimony of the parties themselves, and involves a focus on otherwise private issues,' Jones said in Marsico v. Marsico."

Full article and link to published decision after the jump...

Per HuffPo and The Denver Post:

"Want to get in on the Colorado green rush? If you're a resident of the state, you finally can.

"Starting Tuesday, for the first time, any adult Colorado resident can apply for a retail marijuana business license.

"This marks a significant shift in the state's groundbreaking recreational marijuana laws, which first went into effect exactly six months ago on Jan. 1. Since then, only owners of medical marijuana businesses who were in "good standing" with the state have been allowed to apply for retail marijuana licenses. Now, any adult who has established residency in the state can apply for a marijuana business license."

Full article after the jump...