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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-57/58-12 State v. Vonte Skinner (071764) Did admission of defendant’s rap lyrics constitute reversible error because their probative value was outweighed by the risk of undue prejudice, and did the comments by the assistant prosecutor during closing exceed the boundaries of permissible advocacy?
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A-55/56-12 L.A. v. New Jersey Division of Youth and Family Services (071921) Did the Appellate Division apply the appropriate standard in determining whether a physician had a duty to report child abuse to the Division under N.J.S.A. 9:6-8.10?
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A-54-12 Kwabena Wadeer v. New Jersey Manufacturers Insurance Co. (072010) Is plaintiff's claim alleging his insurer acted in bad faith by failing to settle his uninsured motorist claim barred because he did not raise the bad faith claim in his earlier uninsured motorist action?
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A-53-12 State v. Kevin Gamble (071234) In the circumstances of this case, did the plain view or other exception to the warrant requirement apply to permit the search of the van and seizure of the handgun from the console?
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A-52-12 State v. Edward Ronald Ates a/k/a Ron Waverly (070926) Is the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34, unconstitutional because it permits New Jersey authorities to intercept telephone calls between individuals located outside of New Jersey?
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A-49-12 Thomas Saccone v. Board of Trustees of the Police & Firemen's Retirement System (071841) May plaintiff designate a special needs trust established for the benefit of his disabled son as a beneficiary for the pension death benefits payable under N.J.S.A. 43:2016A-12.1a?
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A-48-12 Augustine W. Badiali v. New Jersey Manufacturers Insurance Group (071931) Under the circumstances presented, was the defendant insurer's rejection of an arbitration award on an uninsured motorist (UM) claim "fairly debatable",thereby barring the plaintiff insured from recovering counsel fees and other consequential damages?
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A-47-12 State v. John Thomas-El (07201456) In these bifurcated criminal proceedings before the same jury, must defendant's conviction on the weapons charge in the second trial be reversed where his convictions arising out of the first trial were reversed because of jury instructions that coerced a verdict and for other errors?
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A-46-12 Magic Petroleum Corp. v. Exxon Mobil Corp. (069083) Under the doctrine of primary jurisdiction, must plaintiff's claims for allocation of liability under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24, be deferred until the conclusion of the New Jersey Department of Environmental Protection's remediation enforcement actions?
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A-45-12 State v. Kirby Lenihan (07201497) Can a violation of the "seat belt law," N.J.S.A. 39:3-76.2f, be a predicate offense to support a criminal conviction under N.J.S.A. 2C:40-18(b), which prohibits knowingly violating a law or failing to perform a duty imposed by a law intended to protect the public health and safety and recklessly causing serious bodily injury?
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A-44-12 State v. Carlos Bolvito (07201493) May a sentencing court consider a defendant's ability to pay when imposing a Sex Crime Victims Treatment Fund penalty under N.J.S.A. 2C:2014-10(a)?
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A-43-12 In the Matter of the Estate of Richard D. Ehrlich (07201437) Can an unexecuted copy of a purportedly executed original last will and testament be admitted into probate under N.J.S.A. 3B:3-3?
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A-42-12 In the Matter of the Civil Commitment of D.Y. SVP 491-08 (07201464) Is there a constitutional right to self-representation at a commitment hearing under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38?
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A-41-12 State v. Diana M. Palma (071228) What is the standard for imposing a jail sentence for a careless driving offense?
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A-40-12 State v. Raymond D. Kates (070971 (070971) Under the circumstances, did the denial of defendant's request for a continuance to hire a private attorney deny defendant his constitutional right to counsel of his choice?
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A-39-12 In the Matter of the Expungement Application of D.J.B (070973) Must prior delinquency adjudications for acts that would have been crimes if committed by an adult be counted when considering an application under N.J.S.A. 2C:52-2 for expungement of a subsequent offense committed as an adult, in light of N.J.S.A. 2C:52-4.1, which provides that for "expungement purposes"any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult?
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A-38-12 State v. Kenneth W. Verpent (071272) Did the trial court err in denying defendant's motion to suppress the results of the urine test; did the trial court abuse its discretion in admitting certain expert testimony that was allegedly beyond the scope of the expert's qualifications; and did the trial court impermissibly allow expert testimony on the ultimate issue of fact?
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A-37-12 State v. Michael Lamb (071262) Was consent by an occupant to search the premises constitutionally effective against a third party when an absent cotenant has objected to the search?
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A-36-12 Luis Perez v. Zagami, LLC d/b/a The Landmark Americana Tap & Grill (071358) Does the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, apply to defendants not acting under color of State law?
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A-35-12 State v. Christopher Dekowski (071019) Do the circumstances of this case, including defendant's unusual behavior and handing a bank teller a note that demanded money and stated he had a bomb, support a finding of first-degree armed robbery by simulation, or must the conviction must be reduced to second-degree robbery because there was no evidence defendant actually had a bomb or other weapon?
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