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Track Appeals

This page provides summaries of Supreme Court appeals, along with certain procedural information, due dates, and publicly filed briefs.  The most recent cases are listed first.  You can also use the search tool to find a specific case.

APPEALS ADDED IN THE NEW JERSEY SUPREME COURT LISTED NEWEST TO OLDEST

Summaries for Informational Purposes Only: 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.

Party Briefing and Case Documents: Briefing on appeals before the Supreme Court is governed by Court Rule. The Court’s order taking the appeal typically will include the due dates for the parties’ merits briefs and for amicus motions and briefs. The order is included in the “Case Document(s)” for each appeal. If the appeal is not sealed, the parties’ briefs also will be included in the “Case Document(s).”

Amicus Motions: Beginning on Feb. 10, 2026, motions for leave to appear as amicus curiae and proposed amicus briefs in Supreme Court appeals are due ten (10) days after the respondent files its merits brief, and motions to extend or relax the time for filing an amicus motion and brief will not be accepted. See R. 1:13-9(e).

A-61-21/A-7-22 Facebook, Inc. v. State of New Jersey (087054)

Can the State obtain prospective electronic communications from a Facebook account via a communications data warrant (CDW), or is a wiretap order required, and if a CDW is sufficient, must it be limited to a ten-day time period?



Leave to appeal granted (A-61-21)
Posted (A-61-21)
Leave to cross-appeal granted (A-7-22)
Posted (A-7-22)
Argued
Decided
Watch the 
  • Leave to appeal granted (A-61-21) : July 11, 2022
  • Posted (A-61-21) : July 11, 2022
  • Leave to cross-appeal granted (A-7-22) : Sept. 13, 2022
  • Posted (A-7-22) : Sept. 13, 2022
  • Argued: March 13, 2023
  • Decided: June 29, 2023

A-6-22 State v. Kyle A. Smart (087315)

Under the circumstances presented, was the warrantless search of the vehicle “based on probable cause arising from unforeseeable and spontaneous circumstances” under State v. Witt, 223 N.J. 409, 450 (2015)?


Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 4:30 p.m. on 11/9/22. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court


Leave to appeal granted
Posted
Argued
Decided

Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 4:30 p.m. on 11/9/22. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court

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  • Leave to appeal granted : Sept. 13, 2022
  • Posted: Sept. 13, 2022
  • Argued: Nov. 28, 2022
  • Decided: March 8, 2023

A-4/5-22 State v. Jamire D. Williams; State v. Tyshon Kelly (086598)

Among other issues, did the officers have reasonable and articulable suspicion to stop the vehicle based on the owner’s license being suspended, did the officers improperly prolong the stop after discovering that the owner of the vehicle was not the driver, and was it prejudicial error for the body camera footage of Williams objecting to the search to be played for the jury?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 13, 2022
  • Posted: Sept. 13, 2022
  • Argued: Feb. 28, 2023
  • Decided: May 30, 2023

A-2/3-22 In the Matter of the Alleged Failure of Altice USA, Inc., to Comply with Certain Provisions of the New Jersey Cable Television Act and the New Jersey Administrative Code (086408)

Does the administrative code require Altice to offer its customers prorated billing when they terminate service prior to the end of the billing month, or is N.J.A.C. 14:18-3.8 preempted by the Federal Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 to -573?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 13, 2022
  • Posted: Sept. 13, 2022
  • Argued: Jan. 17, 2023
  • Decided: April 3, 2023

A-1-22 Carol Ann Conforti v. County of Ocean (086206)

Were the Ocean County defendants entitled to immunity under the Tort Claims Act, N.J.S.A. 59:6-4 to -6?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 13, 2022
  • Posted: Sept. 13, 2022
  • Argued: Jan. 30, 2023
  • Decided: Aug. 10, 2023

A-67-21 State v. Anthony Miranda (086773)

Were the officers’ warrantless searches of the storage trailer and of the bag found in the trailer constitutional?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 28, 2022
  • Posted: July 29, 2022
  • Argued: Nov. 29, 2022
  • Decided: May 3, 2023

A-66-21 State v. Thomas Zingis (087132)

In a prosecution for a second driving while intoxicated (DWI) offense, what evidence is the State required to present to prove that a prior conviction for DWI was not based on Alcotest breath sample test results deemed inadmissible in State v. Cassidy, 235 N.J. 482 (2018)?


Note: The Court imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 12/1/23. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.


Leave to appeal granted
Posted
Argued
Decided
Revised

Note: The Court imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 12/1/23. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.

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  • Leave to appeal granted : July 28, 2022
  • Posted: July 29, 2022
  • Argued: March 26, 2024
  • Decided: Aug. 8, 2024
  • Revised : Nov. 7, 2024

A-64/65-21 State v. Richard Gomes; State v. Moataz M. Sheira (087192)

Is a defendant with a prior conditional discharge for a disorderly persons offense of marijuana possession eligible for the Pretrial Intervention program if the prior offense was expunged under the Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : July 15, 2022
  • Posted: July 15, 2022
  • Argued: Jan. 3, 2023
  • Decided: Feb. 14, 2023

A-63-21 Gannett Satellite Information Network, LLC v. Township of Neptune (085719)

In this lawsuit seeking police department internal affairs records, was plaintiff entitled to attorneys’ fees and does the catalyst theory apply to a common law right of access claim?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 15, 2022
  • Posted: July 15, 2022
  • Argued: Jan. 4, 2023
  • Decided: June 20, 2023

A-62-21 Statewide Insurance Fund v. Star Insurance Company (086440)

Was plaintiff entitled to summary judgment on the ground that, as a joint insurance fund, it was not an “insurer” under N.J.S.A. 40A:10-48 with respect to the “other-insurance” clause in defendant’s contract with the City of Long Branch?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : July 15, 2022
  • Posted: July 15, 2022
  • Argued: Nov. 7, 2022
  • Decided: Feb. 16, 2023

A-61-21 Facebook, Inc. v. State of New Jersey (087054)

  • Leave to appeal granted : July 11, 2022
  • Posted: July 11, 2022

A-58/59/60-21 Kathleen DiFiore v. Tomo Pezic; Dora Deleon v. The Achilles Foot and Ankle Group; Jorge Remache-Robalino v. Nader Boulos, M.D. (087091)

When, if ever, may a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers be accompanied by a third party to a defense medical examination or have the examination recorded to preserve objective evidence of what occurred during the examination?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : July 11, 2022
  • Posted: July 11, 2022
  • Argued: Jan. 3, 2023
  • Decided: June 15, 2023

A-57-21 State v. Eddie L. Oliver (087088)

Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate “is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in the case of a permanent physical incapacity,” the inmate “would not pose a threat to public safety,” under N.J.S.A. 30:4-123.51e(f)(1)?


Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed on or before 8/5/22 in the companion case of A-56-21 State v. A.M. (087057) through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.


Certification granted
Posted
Argued
Decided

Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed on or before 8/5/22 in the companion case of A-56-21 State v. A.M. (087057) through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.

Watch the 
  • Certification granted : June 16, 2022
  • Posted: June 16, 2022
  • Argued: Sept. 13, 2022
  • Decided: Jan. 9, 2023

A-56-21 State v. A.M. (087057)

Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate “is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in the case of a permanent physical incapacity,” the inmate “would not pose a threat to public safety,” under N.J.S.A. 30:4-123.51e(f)(1)?


Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 8/5/22. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.


Certification granted
Posted
Argued
Decided

Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 8/5/22. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.

Watch the 
  • Certification granted : June 16, 2022
  • Posted: June 16, 2022
  • Argued: Sept. 13, 2022
  • Decided: Jan. 9, 2023

A-55-21 State v. Dante C. Allen (086699)

Did the investigating detective’s trial testimony narrating a surveillance video deprive defendant of a fair trial?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 6, 2022
  • Posted: June 6, 2022
  • Argued: Jan. 17, 2023
  • Decided: Aug. 2, 2023

A-54-21 State v. Deje M. Coviello (086673)

Where a portion of a defendant’s sentence for driving while intoxicated requires the installation of an ignition interlock device, should a request for credit toward that portion of a sentence be heard by a court or the Motor Vehicle Commission?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 6, 2022
  • Posted: June 6, 2022
  • Argued: Nov. 29, 2022
  • Decided: Jan. 19, 2023

A-53-21 State v. Timothy J. Canfield (086644)

Should the trial court have instructed the jury sua sponte on the lesser-included offense of passion/provocation manslaughter, and in a murder trial in which the trial court decides to instruct the jury on self-defense, should the court consider and make specific findings on the record regarding whether to instruct the jury on the lesser-included offense of passion/provocation manslaughter regardless of whether that instruction was requested by either party?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 6, 2022
  • Posted: June 6, 2022
  • Argued: Nov. 7, 2022
  • Decided: Jan. 11, 2023

A-52-21 Liberty Insurance Corp. v. Techdan, LLC (086219)

In this insurance fraud litigation, does the Comparative Negligence Act apply and should the jury instructions have included the ultimate outcome charge?



Certification granted
Posted
Argued
Decided
Revised
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  • Certification granted : June 6, 2022
  • Posted: June 6, 2022
  • Argued: Oct. 12, 2022
  • Decided: Feb. 15, 2023
  • Revised : March 23, 2023

A-51-21 State v. R.B.L. (086618)

Was defendant’s waiver of his Miranda rights knowing, intelligent, and voluntary where, according to defendant, the detectives initially told him that they were investigating a non-criminal dispute?



Certification granted
Posted
Argued
Dismissed by Order
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  • Certification granted : May 20, 2022
  • Posted: May 20, 2022
  • Argued: Nov. 7, 2022
  • Dismissed by Order : Jan. 4, 2023

A-50-21 State v. Cornelius C. Cohen (084493)

Was law enforcement authorized to search defendant’s trunk and engine compartment based on the odor of marijuana in the vehicle?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : May 20, 2022
  • Posted: May 20, 2022
  • Argued: Jan. 4, 2023
  • Decided: June 22, 2023