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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-15-14 State v. David Bueso (074261) In the context of this sexual assault case, did the trial judge insufficiently inquire into the child-victim’s competency to testify, and, if so, did that oversight constitute plain error requiring a new trial?
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A-14-14 State v. Yasin Simms (074209) Did the assumed facts of a hypothetical posed to the prosecutor’s drug expert invade the jury’s province of deciding the ultimate issues?
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A-13-14 State v. Demetrius C. Cope (074206) Were police justified in conducting a protective sweep of defendant’s apartment under the circumstances?
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A-12-14 State v. Robert McNaught (072581) Did defendant’s attorney have a conflict of interest that deprived defendant of the effective assistance of counsel?
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A-10/11-14 Division of Child Protection and Permanency v. K.N. & K.E. (074161) Did the trial court infringe on DCPP’s placement and licensing authority in the context of this case involving child placement and home licensing under Title Nine (N.J.S.A. 9:6-8.21 to -8.73), Title Thirty (N.J.S.A. 30:4C-11 to -2014), and the Resource Family Parent Licensing Act (N.J.S.A. 30:4C-27.3 to -27.2015)?
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A-9-14 State v. William L. Witt (074468) Did the automobile exception to the warrant requirement, as articulated in State v. Pena-Flores, 198 N.J. 6 (2009), apply to permit the search of defendant’s vehicle and seizure of the handgun from the console?
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A-8-14 State v. Scott M. Cain (074124) Did the assumed facts of a hypothetical posed to the prosecutor’s drug expert invade the jury’s province of deciding the ultimate issues; and was defendant denied a fair trial when the jury heard extensive testimony that police had obtained a warrant for his arrest and warrants to search his automobile and residence?
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A-7-14 State v. Eric B. Obugyei (073719) Was defendant’s fourteen-year sentence for kidnapping illegal under the circumstances presented?
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A-6-14 State v. Elise N. Munafo (07420142) Is an essential element of the offense of endangering a helpless victim, N.J.S.A. 2C:12-1.2(a), that a defendant’s flight from the scene increased the risk that further harm would come to the victim left in a vulnerable state?
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A-5-14 Cathleen Quinn v. David J. Quinn (074411) Under the circumstances presented, was defendant entitled to terminate his alimony payments, pursuant to the divorce settlement agreement, based upon plaintiff’s cohabitation?
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A-4-14 Red Bull Arena, Inc. v. Town of Harrison (074431) Is the operation of Red Bull Arena within The Harrison Redevelopment Agency and the Hudson County Improvement Authority's statutory mandates, and thus, entitled to property tax exemptions?
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A-3-14 IMO the Estate of Adrian J. Folcher, Jr. (074590) In the context of this probate contest, was the trial court’s award of attorneys’ fees to the estate proper where the person who exerted “undue influence" on the decedent was not in the fiduciary position of executor or trustee?
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A-2-14 IMO the Expungement of the Criminal Record of G.P.B. (074541) Do multiple crimes committed over the course of two days constitute “a crime" for expungement purposes within the meaning of N.J.S.A. 2C:52-2(a), as opposed to “prior or subsequent crime[s]," which would preclude the expungement of any or all of them?
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A-1-14 Gold Medal Bakery, Inc. v. Super Bread II Corp. (074472) In the context of this suit alleging fraud and seeking to pierce the corporate veil, should a protective order be issued prohibiting inquiry into the immigration status of the owner and president of a corporate defendant?
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A-118-13 State v. David Bass (072669) Were the defendant’s state or federal confrontation rights violated by the testimony of an assistant medical examiner who referenced the findings of an autopsy that had been performed by a now-deceased medical examiner?
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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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