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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-68-12 State v. Naquan O'Neil, a/k/a Naquan O'Neal (072072) On this petition for post-conviction relief, was defendant entitled to an evidentiary hearing on the claim of ineffective assistance of counsel based on counsel's failure to challenge on appeal the trial court's instruction that the justification of self-defense is inapplicable to a charge of reckless manslaughter as this Court subsequently held in State v. Rodriguez, 195 N.J. 20165 (2008)?
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A-67-12 State v. Michael Ross II (072042) Was it proper to substitute an alternate juror for a sick juror after the jury had announced it was unable to reach a unanimous verdict following several days of deliberations?
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A-67-12
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A-66-12 Borough of Merchantville v. Malik & Son, LLC (072255) Does a condemning municipality have a duty under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50, to engage in bona fide negotiations with a lien holder that has obtained a final judgment of foreclosure on the property subject to condemnation?
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A-65-12 In re State Grand Jury Investigation (072552) Should enforcement of grand jury subpoenas seeking defendants’ attorneys’ records in connection with an investigation of defendants’ post-indictment activities await completion of the pending criminal prosecution?
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A-64-12 Patricia Atalese v. U.S. Legal Services Group, L.P (07232014) Is the language of the arbitration clause in the parties’ agreement sufficient to conclude that plaintiff waived her right to sue in court?
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A-63-12 Charlotte Robinson v. Frank Vivirito (072407) Do school officials have a duty to take remedial action to protect individuals who are on school property for purposes unrelated to school activities when the school is closed if the officials had prior written notice that a neighbor's dog got loose and attacked individuals on the property?
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A-62-12 State v. Tyrone Steele (072511) In setting monetary bail, to what extent, if any, may a court consider the threat a defendant poses to the safety of the community?
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A-61-12 State v. Fedner Pierre-Louis (071552) Did trial counsel’s failure to pursue an alibi defense deprive defendant of his constitutional right to effective assistance of counsel?
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A-60-12 Tahir Zaman v. Barbara Felton (072128) Does In Re Opinion 26 of the Committee on the Unauthorized Practice of Law, 139 N.J. 323 (1995), which permits a broker to close a real estate transaction without an attorney’s presence subject to certain conditions, apply if the broker represents himself as a party in the transaction; and did the sale of the home coupled with the leaseback agreement constitute a single transaction subject the Consumer Fraud Act, N.J.S.A. 56:8-1 to -184?
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A-59-12 Cheryl Hersch v. County of Morris (07201433) Did this employee’s injuries, which occurred when she was struck by a car while walking across a public street to her place of employment from a privately owned garage in which she parked her car at her employer’s expense, arise out of the course of her employment entitling her to benefits under the Workers’ Compensation Act, N.J.S.A. 34:2015-1 to -20142?
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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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