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Track Appeals

This page provides summaries of Supreme Court appeals, along with certain procedural information, due dates, and publicly filed briefs.  The most recent cases are listed first.  You can also use the search tool to find a specific case.

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

Summaries for Informational Purposes Only: 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.

Party Briefing and Case Documents: Briefing on appeals before the Supreme Court is governed by Court Rule. The Court’s order taking the appeal typically will include the due dates for the parties’ merits briefs and for amicus motions and briefs. The order is included in the “Case Document(s)” for each appeal. If the appeal is not sealed, the parties’ briefs also will be included in the “Case Document(s).”

Amicus Motions: Beginning on Feb. 10, 2026, motions for leave to appear as amicus curiae and proposed amicus briefs in Supreme Court appeals are due ten (10) days after the respondent files its merits brief, and motions to extend or relax the time for filing an amicus motion and brief will not be accepted. See R. 1:13-9(e).

A-77-18 Paula Melnyk v. Board of Education of the Delsea Regional High School District (082354)

Did the District violate petitioner’s tenure rights when it terminated her assignment as a teacher in the District’s alternative education program?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 14, 2019
  • Posted: May 15, 2019
  • Argued: Nov. 4, 2019
  • Decided: Jan. 30, 2020

A-75/76-18 State v. Antoine McCray; State v. Sahaile Gabourel (082744)

Where a defendant has been released pretrial under the Criminal Justice Reform Act and subsequently violates a condition of that release, can the defendant be charged with criminal contempt under N.J.S.A. 2C:29-9(a)?



Certification granted
Leave to appeal granted
Posted
Argued
Decided
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  • Certification granted : May 14, 2019
  • Leave to appeal granted : May 14, 2019
  • Posted: May 15, 2019
  • Argued: March 2, 2020
  • Decided: July 20, 2020

A-73/74-18 In the Matter of Registrant H.D.; In the Matter of Registrant J.M (082254)

Does N.J.S.A. 2C:7-2(f) prohibit the termination of Megan’s Law registration obligations for registrants who commit an offense during the fifteen-year period following their conviction or release from a correctional facility for the triggering Megan’s Law offense ?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 6, 2019
  • Posted: May 6, 2019
  • Argued: Nov. 18, 2019
  • Decided: March 17, 2020

A-72-18 State v. Robert Andrews (082209)

Can a criminal defendant be compelled to disclose the passcode to his or her cellular phone?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : May 3, 2019
  • Posted: May 6, 2019
  • Argued: Jan. 21, 2020
  • Decided: Aug. 10, 2020

A-71-18 Joseph Kornbleuth, DMD v. Thomas Westover (081898)

Must plaintiffs prove diminution of the value of their property to recover damages for an alleged trespass that resulted in the destruction of foliage on the property?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 3, 2019
  • Posted: May 6, 2019
  • Argued: Nov. 6, 2019
  • Decided: March 11, 2020

A-70-18 Bryheim Jamar Baskin v. Rafael Martinez (081982)

In this action alleging that defendant, Detective Martinez, utilized excessive force against plaintiff, were there material issues of fact that precluded the entry of summary judgment to defendant?



Appeal as of Right (Appellate Division dissent)
Posted
Argued
Decided
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  • Appeal as of Right (Appellate Division dissent) : April 25, 2019
  • Posted: April 25, 2019
  • Argued: Jan. 7, 2020
  • Decided: July 9, 2020

A-69-18 Antonio Chaparro Nieves v. Office of the Public Defender (082262)

Are legal malpractice claims exempt from the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and is plaintiff’s “loss of liberty” damages claim subject to the verbal threshold of the TCA?



Certification granted
Posted
Argued
Decided
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  • Certification granted : April 25, 2019
  • Posted: April 25, 2019
  • Argued: Jan. 6, 2020
  • Decided: April 15, 2020

A-68-18 New Jersey Transit Corporation v. Sandra Sanchez and Chad Smith (082292)

Can plaintiff, a workers’ compensation carrier, obtain reimbursement of medical expenses and wage loss benefits it paid from defendants (more specifically, the tortfeasors who negligently caused injuries to plaintiff’s employee in a work-related motor vehicle accident), if the employee would be barred from recovering non-economic damages from defendants because he did not suffer a permanent injury?



Certification granted
Posted
Argued
Decided
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  • Certification granted : April 4, 2019
  • Posted: April 5, 2019
  • Argued: Sept. 24, 2019
  • Decided: May 12, 2020

A-67-18 State v. Jose Medina (081926)

Under the circumstances presented, did testimony elicited by the State concerning an anonymous female who spoke to police at the scene violate State v. Bankston, 63 N.J. 263 (1973)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : April 4, 2019
  • Posted: April 5, 2019
  • Argued: March 16, 2020
  • Decided: June 9, 2020

A-66-18 Marilyn Flanzman v. Jenny Craig, Inc. (082207)

Is this arbitration agreement invalid because it failed to identify any arbitration forum and any process for conducting the arbitration?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 27, 2019
  • Posted: April 1, 2019
  • Argued: Nov. 19, 2019
  • Decided: Sept. 11, 2020

A-65-18 State v. Orlando Trinidad (081881)

Was the defendant denied a fair trial by the alleged victim’s comments referencing high profile cases of police brutality?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 27, 2019
  • Posted: April 1, 2019
  • Argued: Nov. 4, 2019
  • Decided: March 18, 2020

A-64-18 State v. Quashawn K. Jones (081862)

In this trial for attempted murder, did recorded phone conversations in which defendant discussed the victim’s death satisfy the State’s burden to show that he took a substantial step toward causing the victim’s death?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 27, 2019
  • Posted: April 1, 2019
  • Argued: Jan. 6, 2020
  • Decided: May 13, 2020

A-63-18 In re Application for Permit to Carry a Handgun of Calvin Carlstrom (081981)

Was petitioner entitled to a hearing on his application for a permit to carry a handgun?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 21, 2019
  • Posted: March 21, 2019
  • Argued: Oct. 24, 2019
  • Decided: Jan. 28, 2020

A-62-18 State v. Shangzhen Huang (082140)

In this matter arising from the dismissal of an indictment charging defendant with vehicular homicide and assault by auto, did the State make a prima facie showing of defendant’s recklessness?



Appeal as of Right (Appellate Division dissent)
Posted
Argued
Decided
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  • Appeal as of Right (Appellate Division dissent) : March 13, 2019
  • Posted: March 13, 2019
  • Argued: Sept. 24, 2019
  • Decided: Oct. 23, 2019

A-61-18 In the Matter of the Investigation of Burglary and Theft (082243)

Under the circumstances presented, was the State entitled to detain J.P., an individual suspected of committing burglary and theft, for the purposes of obtaining a DNA sample through a buccal swab?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : March 8, 2018
  • Posted: March 13, 2019
  • Argued: Oct. 23, 2019
  • Decided: Jan. 21, 2020

A-60-18 State v. R.Y. (081706)

In this trial involving charges of aggravated sexual assault and endangering the welfare of a child, did the trail court err in excluding hearsay statements made by one of the minor victims?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 8, 2019
  • Posted: March 13, 2019
  • Argued: Jan. 21, 2020
  • Decided: May 6, 2020

A-59-18 State v. Jerome Shaw, Jr. (081652)

Is defendant entitled to the dismissal of his indictment on the basis that the prosecution presented the case to three separate grand juries?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 8, 2019
  • Posted: March 13, 2019
  • Argued: Nov. 18, 2019
  • Decided: March 4, 2020

A-58-18 State v. Isaiah Bell (081743)

Was defendant entitled to have the grand jury instructed on lesser included offenses to the charge of first-degree murder?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : March 8, 2018
  • Posted: March 13, 2019
  • Argued: Sept. 24, 2019
  • Decided: April 14, 2020

A-57-18 S.C. v. New Jersey Department of Children and Families (081870)

Was the Division of Child Protection and Permanency’s finding of “not established” arbitrary, capricious, and unreasonable, under the circumstances presented; and, did the denial of an administrative hearing to challenge the finding of “not established” violate S.C.’s due process rights?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 8, 2019
  • Posted: March 13, 2019
  • Argued: Nov. 18, 2019
  • Decided: May 27, 2020

A-56-18 State v. Michael Olenowski (082253)

Access prior opinion A-56-18, decided February 17, 2023, in which the Court adopted for criminal and quasi-criminal cases a non-exclusive, multi-factor test for the reliability of expert testimony patterned after the standard established in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

Is Drug Recognition Experts (DRE) evidence – which, in this case, included testimony that defendant was under the influence of narcotics while driving – admissible under the standard articulated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) ?



Certification granted
Posted
Argued
Reargued (past)
Decided (past)
Reargued
Decided
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  • Certification granted : March 8, 2019
  • Posted: March 13, 2019
  • Argued: Oct. 8, 2019
  • Reargued (past) : Jan. 17, 2023
  • Decided (past) : Feb. 17, 2023
  • Reargued: June 1, 2023
  • Decided: Nov. 15, 2023