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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-39-13 State v. R.K. (072712) Was defendant entitled to a new trial because the fresh-complaint testimony was excessively detailed and cumulative and admitted without a limiting instruction, as well as other errors?
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A-38-13 Morristown Associates v. Grant Oil Company (073248) Does the general six-year statute of limitations established by N.J.S.A. 2A:2014-1 for damage to property apply to a private claim for contribution under the New Jersey Spill Compensation Control Act; and if so, did the discovery rule allow plaintiff to pursue claims for damages arising prior to the limitations period?
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A-37-13 Fernandes v. DAR Development Co. (073001) In this action by an employee against a third-party defendant for injuries sustained during a construction project, did the trial court err in refusing to charge the jury regarding the employee’s comparative negligence?
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A-36-13 State v. K.S. (072608) In rejecting defendant’s application for pre-trial intervention, did the prosecutor improperly rely on prior charges that had been dismissed to find that defendant had a history and propensity for violence and that he had engaged in a pattern of antisocial behavior?
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A-35-13 Aguas v. State of New Jersey (072467) Were plaintiff’s allegations of violations of the Law Against Discrimination due to her supervisors’ sexual harassment/hostile work environment sufficient to survive the defendant’s motion for summary judgment?
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A-34-13 Davis v. Husain (072425) Was defendant entitled to a new trial as a result of the trial judge’s post-verdict, ex parte discussions with the jury during which one juror commented about defendant failing to place his hand on the bible while being sworn to testify?
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A-32/33-13 State v. David Pomianek, Jr. (072293) Is the bias intimidation statute, N.J.S.A. 2C:2016-1(a)(3), constitutional; and in proving a violation of the statute, is the State required to prove that the defendant had a biased intent?
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A-31-13 State v. James J. Revie (072600) Is a defendant who is convicted of a third offense of driving while intoxicated (DWI) more than ten years after his second DWI conviction entitled to a second step-down in sentencing under N.J.S.A. 39:4-50(a)(3) after having already received a step-down in sentencing on his second DWI conviction?
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A-30-13 State v. Fausto Camacho (072525) Is a trial court’s failure to instruct a jury that it may not draw an adverse inference from a defendant’s constitutional right to remain silent always reversible error, or is it subject to the harmless error standard?
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A-29-13 Robert Lavezzi v. State (072856) Following the cessation of a criminal investigation by a county prosecutor’s office, is the continued storage and safeguarding of property seized pursuant to a warrant a law enforcement function that requires the Attorney General to defend and indemnify the county for lost or damaged property, or is it an administrative function that does not require such a defense and indemnity?
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A-28-13 Constance Childs-Abdullah v. City of Somers Poin (073072) Did plaintiff, who suffered injuries when she stepped into a sinkhole in the parking lot of a municipal complex, present sufficient evidence to defeat summary judgment and have a jury determine whether defendant, a public entity, had "actual or constructive notice of the dangerous condition" and acted in a "palpably unreasonable manner" under the Tort Claims Act, N.J.S.A. 59:4-2?
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A-26/27-13 State v. Darryl Bishop; State v. Wilberto Torres (072395) Can a defendant who is sentenced to Drug Court (special probation) be subject to a mandatory period of parole ineligibility and a mandatory extended term upon a violation of probation?
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A-25-13 State v. Richard Perez (072624) Did defendant provide an adequate factual basis in pleading guilty to the crime of child-luring, N.J.S.A. 2C:13-6; and was defendant eligible for an extended term sentence as a result of his prior sentence of community supervision for life?
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A-24-13 N.J. Div. of Youth & Family Servs. v. Y.N. (072804) Can a pregnant woman’s use of methadone pursuant to a drug addiction treatment program that caused harm to her newborn child be the basis for a finding of abuse and neglect?
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A-23-13 IMO the Estate of Charles Polk (072761) Is a general testamentary disposition sufficient to override the beneficiary designation of an IRA?
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A-22-13 IMO Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (072810) May an attorney volunteer on behalf of Volunteer Lawyers for Justice to provide pro bono legal services to a debtor in a “no-asset" Chapter 7 bankruptcy proceeding if the attorney’s law firm represents a creditor of the debtor in an unrelated matter?
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A-21-13 Garden State Equality v. Dow (073328) In light of United States v. Windsor, 507 U.S. __, 133 S. Ct. 2675, 186 L. Ed.2d 808 (2013), does New Jersey violate the equal protection guarantee under Article I, Paragraph 1 of the New Jersey Constitution if it denies same-sex couples the right to marry?
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A-19/20-13 62-64 Main Street, L.L.C. v. Mayor and Council of the City of Hackensack (072699) When designating private property as in need of redevelopment pursuant to sections 5(a), (b) and (d) of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, must the municipality expressly find that the property is “blighted" pursuant to the Blighted Areas Clause of the New Jersey Constitution, art. VIII, § III, ¶ 1, and Gallenthin Realty Development, Inc. v. Borough of Paulsboro, 191 N.J. 344 (2007)?
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A-18-13 State v. Daryel Rawls (072388) When a defendant who is released on pretrial bail is subsequently arrested and incarcerated for a second offense, is defendant entitled to jail credit in sentencing on the first offense for the time incarcerated before bail was revoked?
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A-16/17-13 United Parcel Service Gen. Servs. Co. v. Director, Div. of Taxation (072421) Are these business entities entitled to waiver of late payment penalties on the taxes assessed against them under the New Jersey's Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -41, following an audit on certain intercompany transactions; and do tax amnesty penalties apply in these circumstances, and, if so, would their application be manifestly unjust or violate the taxpayers' due process rights?
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