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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-51-17 State v. Nicholas Kiriakakis (080100) Did the imposition of a parole ineligibility term violate Alleyne v. United States, 570 U.S. 99 (2013), under the circumstances presented?
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A-50-17 Division of Child Protection and Permanency v. A.S.K., T.T., and E.M.C. (079700) In this matter concerning the termination of E.M.C.’s parental rights to his son, did the Division prove the four prongs of the best interest test, N.J.S.A. 30:4C-15.1(a), under the circumstances presented?
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A-50-17
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A-49-17 Sun Life Assurance Company of Canada v. Wells Fargo Bank NA (080669) Does a life insurance policy that is procured with the intent to benefit persons without an insurable interest in the life of the insured violate the public policy of New Jersey, and if so, is that policy void ab initio; and if such a policy is void ab initio, is a later purchaser of the policy, who was not involved in the illegal conduct, entitled to a refund of any premium payments that they made on the policy?
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A-49-17
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A-48-17 State v. Shaquan Hyppolite (080302) In this criminal justice reform matter, did the State withhold exculpatory evidence from defendant at the time of the detention hearing, and, if so, what is the appropriate remedy under the circumstances where defendant since has been indicted? [Note: This appeal has been accelerated by order of the Court dated 3/8/18, and no supplemental briefing is scheduled. Any motion for leave to appear amicus curiae shall be served and filed with the proposed amicus brief on or before 4/11/18, and any answer by the State or defendant shall be served and filed with the proposed brief in response on or before 5/11/18. No further submissions shall be accepted unless requested by the Court.]
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A-47-17 Maria Pulice v. Greenbrook Sports & Fitness, LLC, et. al. (079923) Did the trial court properly dismiss plaintiffs’ complaint seeking damages for injuries suffered at defendant’s health club based on the waiver signed by Maria Pulice?
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A-46-17 Evangelos Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C. (080357) Did the entire controversy doctrine require that plaintiffs pursue their malpractice action as a defense or counterclaim in defendants’ prior action against plaintiffs for the collection of attorneys’ fees?
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A-44/45-17 State v. Guilermo Santamaria (079934) Did the State’s introduction of more than fifty sexually explicit photographs, which were taken after the victim turned eighteen, for the purpose of establishing the existence of a sexual relationship between defendant and the victim when the victim was a minor, constitute plain error that required the reversal of defendant’s convictions for sexual assault; and was it reversible error for the State to comment in summation on defendant’s silence when he was confronted by the victim during a recorded conversation?
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A-43-17 Barbara Orientale v. Darrin L. Jennings (079953) Did the trial court apply the appropriate standard and analysis in determining an award of additur?
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A-41/42-17 State v. Donna M. Alessi (079255) Did police engage in an unconstitutional traffic stop and seizure that required the suppression of defendant’s statements and reversal of her convictions on the charges of filing false reports and hindering; did the admission of defendant’s statements also require reversal of her burglary conviction?
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Oral Argument Audio for
A-41/42-17 - Reargued
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A-40-17 State v. Adrian A. Vincenty (079978) Was defendant’s waiver of his Miranda rights knowing and voluntary where police officers failed to advise him in advance of the waiver that a criminal complaint had been filed against him?
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A-39-17 State v. Carlos B. Green (080274) Are defendant’s prior two DWI convictions admissible to prove he acted recklessly at his trial for vehicular homicide while intoxicated?
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A-38-17 Josh Finkelman v. National Football League, et al (080501) Is the term “person[] who has access tickets to an event prior to the tickets’ release for sale to the general public,” as that term is used in N.J.S.A. 56:8-35.1, limited to ticket brokers and resellers; and are tickets to an event that are sold to winners of a lottery “release[d] for sale to the general public” within the meaning of N.J.S.A. 56:8-35.1, and, if so, are tickets distributed to selected entities “[withheld] . . . from sale to the general public” within the meaning of N.J.S.A. 56:8-35.1?
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A-37-17 State v. Kareem T. Tillery (079832) Among other issues, did the State demonstrate that defendant voluntarily waived his Miranda rights?
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A-35-17/A-36-17 State v. Deyvon T. Chisum / State v. Keshown K. Woodard (079823/079835) In responding to a noise complaint at a hotel, were police authorized to detain all occupants of the room to conduct warrant checks and to do pat-down searches of all occupants during the detention?
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A-34-17 Shabsi Ganzweig v. Township of Lakewood (080061) Is this police dash-cam video subject to disclosure under the Open Public Records Act, N.J.S.A. 47:1a-1 to -13?
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Did the police officers initially engage defendants in a voluntary field inquiry, or did the officers’ actions constitute an investigative detention requiring a reasonable and particularized suspicion of criminal activity?
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For the purpose of determining whether this development project was exempted from the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35, did the municipality’s action in 2007 constitute final approval within the meaning of N.J.S.A. 40:55D-4 of the Municipal Land Use Law?
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A-31-17 Lieutenant John Kaminskas v. State of New Jersey (080128) Were these Union County police officers entitled to a defense by the Attorney General for their conduct while performing a polygraph for the Union County Prosecutor?
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A-30-17 State in the Interest of D.M., a Juvenile (079999) Can this fourteen-year-old juvenile be adjudicated delinquent for third-degree endangering the welfare of an eleven-year-old child where there are no findings of coercion or penetration?
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A-28/29-17 State v. Laurie Wint (079660) Among other issues, did defendant’s invocation of his Miranda rights when first arrested preclude law enforcement from questioning defendant while he was still incarcerated six months later?
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