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APPEALS ADDED IN THE NEW JERSEY SUPREME COURT LISTED NEWEST TO OLDEST

The following statements of issues on appeal are prepared by the Office of the Clerk for the convenience of the reader. They have been neither reviewed nor approved by the Supreme Court. Please note that, in the interest of brevity, some issues may not have been summarized.

Beginning on July 16, 2010, each appeal summary posted on this website includes its "posted" date, which is necessary for calculating certain due dates for filing briefs and motions under revised Rule 1:13-9, "Amicus Curiae."

In addition, website addresses cited in the Court's opinions may change or disappear over time. An attempt has been made to capture the material cited in an opinion and to provide links to those sources, when available.

A-23-22 State v. Quintin D. Watson (087251)

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Was it harmless error to admit the police officer’s testimony that he consulted with another police department before filing criminal charges against defendant, did the officer’s testimony narrating a surveillance video deprive defendant of a fair trial, and was it plain error to allow the victim to identify defendant for the first time in-court during the trial when the victim previously had identified a different individual as the perpetrator during a photo array?

  • Certification Granted
  • Posted: Nov. 18, 2022

A-22-22 State v. Stephen A. Zadroga (087156)

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Does double jeopardy require dismissal of the indictment with prejudice where the trial court declared a mistrial and found that the State acted in bad faith and engaged in inexcusable conduct?

  • Certification Granted
  • Posted: Nov. 17, 2022

A-21-22 Catherine Parsells v. Board of Education of the Borough of Somerville, Somerset County (087261)

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Do school boards have to notify, in advance, full-time tenured teachers who voluntarily take a part-time teaching position that they are at risk of not getting their full-time job back?

  • Certification Granted
  • Posted: Nov. 17, 2022

A-20-22 State v. Calvin Fair (086617)

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Is the portion of the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made “in reckless disregard of the risk of causing . . . terror,” unconstitutionally overbroad and did the jury instructions fail to ensure a unanimous verdict?

[Note:  This matter has been accelerated by order of the Court and a peremptory briefing schedule is imposed.  Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 12/22/22.  Such filings shall be submitted to the Clerk’s Office through eCourts Supreme.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions shall be accepted unless requested by the Court.]

  • Appeal as of right
  • Posted: Nov. 14, 2022

A-19-22 Philip Pantano v. New York Shipping Association (087217)

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Is vicarious liability under the “borrowed servant” doctrine a question of law to be decided by the court or a question of fact reserved for the jury?

  • Certification Granted
  • Posted: Nov. 14, 2022

A-18-22 R.M.R. Elevator Company, Inc. v. Broad Atlantic Associates, LLC (087214)

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Does N.J.S.A. 2A:23B-25(c) require an express agreement for a post-judgment award of attorney’s fees as articulated in Rock Work, Inc. v. Pulaski Construction Co., 396 N.J. Super. 344, 355-57 (App. Div. 2007)?

  • Certification Granted
  • Posted: Nov. 14, 2022

A-17-22 State v. Jason M. O’Donnell (087023)

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Does N.J.S.A. 2C:27-2, which imposes criminal liability for “bribery in official and political matters,” apply to a candidate for political office who is not an incumbent and is ultimately not elected?

  • Certification granted
  • Posted: Oct. 21, 2022

A-16-22 State v. Andreas M. Erazo (086991)

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Were defendants’ statements to the detectives made knowingly, intelligently, and voluntarily?

  • Certification granted
  • Posted: Oct. 14, 2022

A-15-22 State v. Joao C. Torres (086812)

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Was the warrantless search and seizure of defendant and his clothing permissible as a search incident to arrest?

  • Certification granted
  • Posted: Oct. 14, 2022

A-14-22 State v. Roberson Burney (086966)

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Was the expert testimony regarding the coverage range of a cell phone tower admissible, and did one of the victim’s in-court identification of defendant, or the jury instructions associated with that identification, amount to reversible error?

  • Certification granted
  • Posted: Oct. 11, 2022