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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-86-13 State v. Duquene Pierre (072859) Was defendant’s trial counsel ineffective for failing to fully investigate defendant’s alibi?
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Were these teachers entitled to tenure as a matter of law or equity under the circumstances presented?
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A-84-13 In the Matter of the Expungement Petition of J.S (073376) Did the defendant’s two offenses constitute one continuous criminal event or “spree" such that he was eligible for expungement where the offenses were charged in one indictment and involved similar drug-related acts committed in a single week?
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A-83-13 State v. Marc Olivero (073364) Was the fenced-in parking lot of a manufacturing facility a “structure” within the meaning of N.J.S.A. 2C:18-2, such that the defendant could be convicted of burglary?
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A-82-13 State v. K.P.S. and State v. C.L Did the Appellate Division err in applying the law of the case doctrine to preclude review of suppression issues raised by defendant, where the triggering order relied upon by the panel was a prior Appellate Division decision affirming the conviction of a co-defendant?
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A-81-13 Nuwave Investment Corp. v. Hyman Beck & Co. (073551) Following the Court’s decision in W.J.A. v. D.A., 210 N.J. 229 (2012), may presumed damages be awarded in a defamation action where actual damages are proven, and, if so, may presumed damages be awarded in more than a nominal amount? Does the holding of W.J.A. v. D.A. apply retroactively?
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A-79/80-13 State v. Evan Reece (073284) Were police officers permitted to enter defendant's residence pursuant to the emergency aid doctrine, and could defendant be charged with resisting arrest or obstructing the administration of law under the circumstances presented?
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A-78-13 State v. Humfrey A. Musa (073268) Where a juror failed to appear for a second day of deliberations, did the trial court err in substituting a replacement without first exploring with the remaining jurors why the absent juror may have failed to return, and was an identification instruction required under the circumstances?
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A-77-13 Robert Occhifinto v. Olivo Construction Co., LLC (073174) Under the circumstances presented in this appeal, were plaintiffs entitled to attorney’s fees as successful claimants pursuant to Rule 4:42-9(1)(6)?
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A-76-13 State v. Al-Tariq-Wardrick (073078) Did the Appellate Division err in affirming defendant’s conviction in light of another panel’s reversal of his co-defendant’s conviction arising out of the same trial and alleged error, and did the trial court err in failing to set aside defendant’s conviction for first-degree robbery?
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A-74/75-13 State v. Jamil McKinney (073070) Was the trial court’s jury instruction on first-degree robbery improper, and, if so, did it require reversal of defendant’s conviction for armed robbery?
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A-71/72/73-13 Honorable Dana L. Redd v. Vance Bowman (073567) Was this petition-initiated ordinance (which would have required the City of Camden to maintain its municipal police department) invalid, such that it could not be placed on the ballot, because it created an undue restraint on the future exercise of municipal legislative power?
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A-70-13 Allstate New Jersey Ins. Co. v. Gregorio Lajara (073511) Is there is a right to a jury trial in a private action brought under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30?
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A-69-13 State v. Dontae Hathaway (073770) Was it proper to suppress evidence of a handgun obtained during a warrantless search of a hotel room under the circumstances of this case, which included, among other things, an unidentified victim’s face-to-face report to hotel security officers that he was robbed at gunpoint on a particular floor of the hotel?
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A-68-13 State v. Ivonne Saavedra (073793) Can defendant be indicted for theft and official misconduct for taking confidential documents from her public employer, North Bergen Board of Education, to support her claims under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -2014?
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A-67-13 Citizens United Reciprocal Exchange v. Sabrina A. Perez (073384) Where a basic automobile insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of innocent third parties, and, if so, must those payments comport with the mandatory minimum liability insurance coverage provisions of N.J.S.A. 39:6A-3?
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A-65/66-13 Joel S. Lippman, M.D. v. Ethicon, Inc (073324) Can employees who are responsible for monitoring and reporting on employer compliance with relevant laws and regulations – so-called “watchdog employees" – seek whistleblower protection under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq., and, if so, under what circumstances?
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A-64-13 State v. Ricky Wright (073137) Did the third-party intervention doctrine apply under these circumstances to allow police to search this private residence without a warrant?
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A-63-13 388 Route 22 Readington Realty v. Twp. of Readington (073322) Did the defendant Township have adequate standards to guide it in determining whether to exercise its discretion to reallocate unused sewer rights?
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A-62-13 State v. Julius Smith (073059) Should the trial court have granted defendant’s motion for a mistrial or, alternatively, granted a continuance to allow defendant to investigate the newly discovered evidence revealed during trial?
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