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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.
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A-117-13 K.G. v. M.S. (074527) In the context of an uncontested custody action seeking factual findings that will serve as a basis for Special Immigrant Juvenile status under the Federal Immigration and Nationality Act, U.S.C. § 1101-1537, did the lower courts err in determining that the petitioner had not established that "reunification with one or both of the immigrant's parents is not viable"?
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A-116-13 Torres v. Pabon (074307) Among other issues related to the trial of this personal injury matter, did defendant's failure to testify justify an adverse inference charge (State v. Clawans, 38 N.J. 20162 (1962)), under the circumstances presented?
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A-115-13 State v. Richard Willis (073908) Under the circumstances presented, was testimony of defendant's prior act of sexual assault admissible in this sexual assault trial, pursuant to N.J.R.E. 404(b), to prove defendant's intent?
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A-114-13 H.S.P. v. J.K. (074241) In the context of an uncontested custody action seeking factual findings that will serve as a basis for Special Immigrant Juvenile status under the Federal Immigration and Nationality Act, U.S.C. § 1101-1537, did the lower courts err in determining that the petitioner had not established that "reunification with one or both of the immigrant's parents is not viable"?
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Under the circumstances presented, were defendant's municipal mechanics' liens, filed pursuant to the Municipal Mechanics' Lien Law (N.J.S.A. 2A:44 128), barred by the County Improvement Authorities Law (N.J.S.A. 40:37A 127), and were defendant's construction liens, filed pursuant to the Construction Lien Law (N.J.S.A. 2A:44A 2), viable pursuant to that statute?
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A-112-13 State v. Howard Jones (073827) In this case involving a show-up identification shortly after the defendant allegedly exposed himself to the victim, did the Appellate Division properly apply the factors established in Manson v. Brathwaite, 432 U.S. 98, 12014, 97 S.Ct. 2243, 53 L.Ed. 2d 20140 (1977), to conclude that the victim's identification was not impermissibly suggestive?
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A-111-13 State v. Thomas Shannon (074315) When police make an arrest in good-faith reliance on a seemingly valid arrest warrant, must evidence arising from a search incident to the arrest be suppressed if the warrant is later discovered to be invalid due to a clerical error?
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A-110-13 Anthony C. Major v. Julie Maguire (074345) When adjudicating an application for grandparent visitation, under what circumstances must the trial court follow the procedural guidelines articulated in the Appellate Division's recent decision, R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014)?
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A-109-13 Department of Children and Families v. E.D.-O. (07392016) Did a parent fail to exercise the minimum degree of care required by N.J.S.A. 9:6-8.21(c)(4)(b) when she left her nineteen-month-old child unattended in a motor vehicle while she entered a nearby store?
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A-108-13 State v. R.P. (073796) Having determined that defendant’s conviction for first-degree aggravated sexual assault had to be vacated, was the Appellate Division required to mold the verdict to second-degree sexual assault under the circumstances presented?
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A-107-13 State v. Eugene C. Baum (073056) Did the jury instruction on mental disease or defect effectively negate the diminished capacity defense by blending the law on self-induced intoxication and mental disease or defect?
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A-105/106-13 State v. William Roseman and Lori Lewin (073674) Under the circumstances presented, should defendants have been permitted to apply for pretrial intervention (PTI) near the eve of trial, and, if so, was there a sufficient basis to admit defendants to PTI over the prosecutor’s objection?
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A-104-13 Thomas DeMarco v. Sean Robert Stoddard, D.PM. (073949) Where a medical malpractice insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of third parties, and, if so, what is the amount of coverage?
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A-103-13 Juan Soto v. Peter Bednarczuk (074125) Did plaintiff’s inability to locate and serve defendant present exceptional circumstances to warrant vacating the administrative dismissal of his claims for lack of prosecution?
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Under the circumstances presented, did the New Jersey Department of Transportation’s plan for proposed road improvements deny this commercial property owner reasonable access to its property?
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A-101-13 John Ross v. Karen A. Lowitz (074200) Where leaking oil migrated onto plaintiff’s property, did plaintiff have a viable nuisance action against his neighbor based on the neighbor’s failure to mitigate the contamination within a reasonable amount of time, and, where the neighbor’s insurance companies acknowledged an obligation to clean up plaintiff’s land, should plaintiff have been considered a third party beneficiary of the insurance contract?
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A-100-13 N.J. Dep’t of Labor & Workforce Dev. v. Crest Ultrasonics (073874) Does N.J.S.A. 34:8B-1, which restricts employers from publishing job advertisements stating that applicants must be currently employed in order for their applications to be accepted, considered, or reviewed, infringe on employers’ freedom of speech rights under the federal and state constitutions?
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A-99-13 Janice J. Prioleau v. Kentucky Fried Chicken, Inc . Under the circumstances presented in this personal injury action, did defendants’ business practice or “mode of operation" create the hazardous condition (i.e., a wet floor) such that plaintiff was relieved of proving that defendants had actual or constructive notice of the condition?
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A-98-13 Anna Mae Cashin v. Marisela Bello (073215) (073215) Does the subsection of the Anti-Eviction Act that governs conduct by an "owner of a building of three residential units or less" apply to plaintiff, the owner of a garage-apartment that is on the same premises as a main building containing five additional units? Appeal as of right
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A-97-13 State v. Kingkamau Nantambu (073589) In this criminal proceeding in which the State seeks to introduce a recorded conversation between defendant and a cooperating witness, does the inadvertent failure to record a portion of the conversation require the suppression of the entire recording?
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