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

A-49-21 State v. Joseph S. Macchia (086334)

Is a general verdict unanimously rejecting self-defense sufficient, or must the jury unanimously agree to one or more of the three bases for rejecting self-defense?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 9, 2022
  • Posted: May 9, 2022
  • Argued: Nov. 29, 2022
  • Decided: March 16, 2023

A-48-21 Jack Scavone v. Bruce Oliver (085912)

Does the decision in Estate of Narleski v. Gomes, 244 N.J. 199 (2020) apply in the context of this action, in which plaintiff alleges that his injury was the result of defendants allowing individuals under the age of twenty-one to consume alcohol in defendants’ home?

  • Certification granted : May 9, 2022
  • Posted: May 9, 2022
  • Dismissed by Order : June 29, 2022

A-47-21 Harold Hansen v. Rite Aid Corp. (086430)

When a trial court awards attorney’s fees to a prevailing party under a statutory fee-shifting provision, may it award fees for prior appellate work in the matter if the party did not file a counsel fee motion with the appellate court?



Certification granted
Posted
Argued
Decided
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  • Certification granted : April 8, 2022
  • Posted: April 11, 2022
  • Argued: Sept. 29, 2022
  • Decided: March 15, 2023

A-46-21 W.S. v. Derek Hildreth (086633)

Was plaintiff’s complaint, which asserted claims under the Child Sexual Abuse Act (CSAA) and the common law, timely filed under L. 2019, c. 120 and L. 2019, c. 239, which amended the CSAA, the Tort Claims Act, and added new statutes of limitations for claims involving sexual abuse?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : March 11, 2022
  • Posted: March 11, 2022
  • Argued: Oct. 24, 2022
  • Decided: Jan. 18, 2023

A-45-21 Kevin Malanga v. Township of West Orange (086087)

Was the Township of West Orange’s designation of the West Orange Public Library as an area in need of redevelopment under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-5(d), supported by substantial credible evidence in the record, and does the public bidding law, N.J.S.A. 40A:12-13, apply?



Certification granted
Posted
Argued
Decided
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  • Certification granted : March 11, 2022
  • Posted: March 11, 2022
  • Argued: Oct. 24, 2022
  • Decided: March 13, 2023

A-44-21 In the Matter of Proposed Construction of Compressor Station (CS327) (086428)

In this matter concerning plans for the construction of a compressor station in the Highlands preservation area, should a company that was granted an exemption from the provisions and regulations of the Highlands Water Protection and Planning Act by the New Jersey Department of Environmental Protection be allowed to intervene in an appeal of that agency decision?


Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 2/25/2022. 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 schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 2/25/2022. 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 : Feb. 11, 2022
  • Posted: Feb. 15, 2022
  • Argued: March 29, 2022
  • Decided: April 11, 2022

A-43-21 State v. Marcus Mackroy-Davis (086626)

Did the trial court abuse its discretion by designating particular periods of excludable time for purposes of calculating the speedy trial deadlines under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26?


Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 3/23/2022. 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 schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 3/23/2022. 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 : Feb. 11, 2022
  • Posted: Feb. 15, 2022
  • Argued: April 26, 2022
  • Decided: June 27, 2022

A-41/42-21 State Of New Jersey In The Interest Of E.S. (086554)

In this juvenile proceeding, where the juvenile moved to suppress evidence and the State moved for waiver of the matter to the Law Division, did the Family Part judge abuse his discretion in determining to proceed with the waiver hearing before the suppression motion?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : Feb. 11, 2022
  • Posted: Feb. 15, 2022
  • Argued: Sept. 29, 2022
  • Decided: Nov. 22, 2022

A-40-21 Green Knight Capital, LLC v. Gabriel Calderon (086367)

Was permitting a third party to attempt redemption of the tax sale certificate after plaintiff had filed a foreclosure complaint consistent with N.J.S.A. 54:5-98 and Simon v. Cronecker, 189 N.J. 304 (2007)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Feb. 11, 2022
  • Posted: Feb. 15, 2022
  • Argued: Sept. 28, 2022
  • Decided: Nov. 17, 2022

A-39-21 Nancy L. Holm v. Daniel M. Purdy (086229)

Does the Workers’ Compensation Act, N.J.S.A. 34:15-36, impose a legal duty on an insurance broker to advise new members of an LLC of the need to opt-in for worker’s compensation coverage?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Feb. 11, 2022
  • Posted: Feb. 15, 2022
  • Argued: Sept. 12, 2022
  • Decided: Dec. 13, 2022

A-38-21 State v. Woodrow Miller (086126)

In this proceeding for post-conviction relief, did defendant show that he received ineffective assistance of trial counsel entitling him to a new trial?



Certification granted
Posted
Argued
Dismissed as improvidently granted
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  • Certification granted : Feb. 11, 2022
  • Posted: Feb. 14, 2022
  • Argued: Oct. 12, 2022
  • Dismissed as improvidently granted : Oct. 20, 2022

A-37-21/A-67-20 State v. Quinnizel J. Clark (085271)

Did the admission of evidence that defendant asked for a lawyer when the interrogating officer asked him to exculpate himself, and the prosecutor’s comments during summations, violate defendant’s Fifth Amendment right to counsel?


Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. No further submissions, including applications to appear as amicus curiae, shall be accepted unless requested by the Court.


Certification granted
Posted
Argued
Reargued
Decided

Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. No further submissions, including applications to appear as amicus curiae, shall be accepted unless requested by the Court.

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  • Certification granted : Feb. 8, 2022
  • Posted: Feb. 9, 2022
  • Argued: Jan. 18, 2022
  • Reargued: March 28, 2022
  • Decided: June 29, 2022

A-36-21 Morgan Dennehy v. East Windsor Regional Board of Education (086350)

When an injured high-school athlete asserts a claim alleging that the negligence of the team coach was the cause of her injury, is the claim against the coach subject to the heightened recklessness standard of care that applies to participants in recreational sporting activities under Crawn v. Campo, 136 N.J. 494 (1994)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Jan. 28, 2022
  • Posted: Jan. 31, 2022
  • Argued: Sept. 13, 2022
  • Decided: Oct. 26, 2022

A-35-21 State v. Terrell M. Chambers (086317)

Under the circumstances presented, can the State be compelled to obtain and produce an alleged sexual assault victim’s mental health records for an in camera review by the trial court?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : Jan. 14, 2022
  • Posted: Jan. 18, 2022
  • Argued: Oct. 12, 2022
  • Decided: Jan. 23, 2023