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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.

A-9-20 State v. Juan C. Molchor; State v. Jose A. Rios (084694)

Under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26, can a defendant’s immigration status form the basis for the court’s pretrial detention 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 10/30/2020. Such filings should be sent to the Clerk’s Office by email. 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 10/30/2020. Such filings should be sent to the Clerk’s Office by email. 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. 21, 2020
  • Posted: Sept. 28, 2020
  • Argued: Nov. 30, 2020
  • Decided: March 30, 2021

A-8-20 State v. Oscar Lopez-Carrera (084750)

Under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26, can a court consider the issuance of a Final Removal Order when deciding whether to detain the defendant?


[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 10/30/2020. Such filings should be sent to the Clerk’s Office by email. 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 10/30/2020. Such filings should be sent to the Clerk’s Office by email. 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
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  • Leave to appeal granted : Sept. 21, 2020
  • Posted: Sept. 28, 2020
  • Argued: Nov. 30, 2020
  • Decided: March 30, 2021

A-7-20 State v. Cynthia Rivera (084419)

Was the sentencing court’s finding and weighing of the aggravating and mitigating factors based on sufficient, credible evidence in the record and did the court adequately explain its reasoning?

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  • Certification granted : Sept. 18, 2020
  • Posted: Sept. 18, 2020
  • Argued: Oct. 1, 2021
  • Decided: Dec. 29, 2021

A-6-20 State v. Edwin Andujar (084167)

Was defendant’s conviction properly reversed where the State ran a criminal background check on a minority member of the jury pool after it unsuccessfully sought to remove the prospective juror for cause?

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  • Certification granted : Sept. 14, 2020
  • Posted: Sept. 15, 2020
  • Argued: March 30, 2021
  • Decided: July 13, 2021

A-5-20 Shelley Pritchett v. State of New Jersey (084451)

Was the punitive damages award against a public entity reasonable and proportional?

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  • Certification granted : Sept. 14, 2020
  • Posted: Sept. 15, 2020
  • Argued: March 1, 2021
  • Decided: Aug. 12, 2021

A-4-20 Angel Alberto Pareja v. Princeton International Properties (084394)

Does a commercial landowner have a duty to take reasonable steps to render a public walkway abutting its property—covered by snow or ice—reasonably safe, while precipitation is falling?

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  • Certification granted : Sept. 14, 2020
  • Posted: Sept. 15, 2020
  • Argued: Feb. 1, 2021
  • Decided: June 10, 2021

A-3-20 Leah Coleman v. Sonia Martinez (084489)

Was it foreseeable that defendant’s client would commit an act of violence against plaintiff, such that defendant had a duty to take reasonable steps to avoid exposing plaintiff to danger posed by the client?

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  • Certification granted : Sept. 14, 2020
  • Posted: Sept. 15, 2020
  • Argued: Feb. 2, 2021
  • Decided: July 15, 2021

A-1/2-20 H.C. Equities, LP v. County of Union (084556)

Were the letters that plaintiff sent timely under the New Jersey Tort Claims Act, N.J.S.A. 59:8-8, and did they substantially comply with the notice requirements of the Act?

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  • Certification granted : Sept. 14, 2020
  • Posted: Sept. 15, 2020
  • Argued: Feb. 2, 2021
  • Decided: July 19, 2021

A-82-19 New Jersey Republican State Committee v. Philip D. Murphy (084731)

In this matter, the Supreme Court considers a constitutional challenge to the New Jersey COVID-19 Emergency Bond Act, which authorizes the issuance of up to $9.9 billion in State general obligation bonds to be used for the purpose of responding to the fiscal exigencies caused by the COVID-19 pandemic.

[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 7/27/2020. Plaintiffs and defendant may serve and file any answer in opposition to the amicus motions together with the proposed brief(s) in response to the amicus briefs on or before 8/3/2020. Any amicus filings should be sent to the Clerk’s Office by email. 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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  • Directly certified : July 17, 2020
  • Posted: July 17, 2020
  • Argued: Aug. 5, 2020
  • Decided: Aug. 12, 2020

A-81-19 The Bank of New York Mellon v. Marianne Corradetti (084029)

Among other issues, did the evidence at trial establish that defendants’ signatures on the mortgage documents were forgeries?

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  • Appeal as of right (Appellate Division dissent) and certification granted : July 16, 2020
  • Posted: July 16, 2020
  • Argued: Jan. 5, 2021
  • Decided: Feb. 4, 2021

A-80-19 State v. Leo T. Little, Jr. (084115)

In this case in which defendant was charged with weapons offenses, was it reversible error for the judge to ask potential jurors during voir dire whether it would affect their ability to be fair and impartial if the State did not produce a gun, and for the prosecutor to dismiss jurors based on their answers to that question?

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  • Certification granted : July 16, 2020
  • Posted: July 16, 2020
  • Argued: Dec. 1, 2020
  • Decided: May 27, 2021

A-79-19 State v. Paulino Njango (084286)

Where a person was wrongfully imprisoned beyond the term of incarceration, can prior service credits be applied to reduce the mandatory period of parole supervision under the No Early Release Act, N.J.S.A. 2C:43-7.2?

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  • Certification granted : July 2, 2020
  • Posted: July 2, 2020
  • Argued: March 16, 2021
  • Reargued: April 26, 2021
  • Decided: Aug. 3, 2021

A-78-19 Tyrone A. Huggins v. Mary E. Aquilar (084200)

Is the provision in the automobile dealer’s insurance policy, which provides coverage in the minimum amount required by law only if the driver of the vehicle has no other coverage or if the driver has coverage in an amount less than the statutory minimum, a permissible step-down provision or an unlawful escape clause?

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  • Certification granted : June 19, 2020
  • Posted: June 22, 2020
  • Argued: Jan. 20, 2021
  • Decided: April 21, 2021

A-77-19 Ellen Baskin v. P.C. Richard & Son, LLC (084257)

Did plaintiffs meet the requirements for class certification under Rule 4:32-1, including numerosity, superiority, and predominance?

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  • Certification granted : June 18, 2020
  • Posted: June 22, 2020
  • Argued: Jan. 4, 2021
  • Decided: May 5, 2021

A-76-19 J.K. v. New Jersey State Parole Board (084035)

Among other issues, was the parole board’s denial of J.K.’s application to reside in another country, which approval was required because he was subject community supervision for life under Megan’s Law, arbitrary, capricious, or unreasonable?

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  • Certification granted : June 18, 2020
  • Posted: June 22, 2020
  • Argued: Jan. 19, 2021
  • Reargued: April 26, 2021
  • Decided: June 24, 2021

A-74/75-19 State v. Wilbert Hannah (084052)

Was the evidence defendant presented in support of his motion for a new trial discoverable by reasonable diligence before trial and was the proposed testimony of a potential witness at defendant’s trial inadmissible hearsay under N.J.R.E. 803(c)(25) that would not have changed the jury’s verdict?

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  • Certification granted : June 18, 2020
  • Posted: June 22, 2020
  • Argued: Jan. 4, 2021
  • Reargued: March 31, 2021
  • Decided: Aug. 18, 2021

A-72/73-19 New Jersey Transit Corporation v. Certain Underwriters at Lloyd’s London (083801)

Among other issues, were the losses suffered by the New Jersey Transit Corporation due to Superstorm Sandy covered up to the $400 million insurance limit in the policies, or only up to the $100 million flood sublimit in the policies?

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  • Certification granted : June 18, 2020
  • Posted: June 22, 2020
  • Argued: Jan. 4, 2021
  • Decided: Jan. 27, 2021

A-71-19 Clarence Haley v. Board of Review (084123)

Was claimant entitled to unemployment compensation under the circumstances presented, including that his separation from work stemmed from his pretrial incarceration for a charge on which the grand jury ultimately did not return an indictment?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 5, 2020
  • Posted: June 5, 2020
  • Argued: Jan. 5, 2021
  • Decided: March 17, 2021

A-70-19 State v. Craig Szemple (084182)

Where defendant was convicted in 1994, was defendant’s motion to compel discovery, including “copies of any and all notes, reports, statements or other type of writings memorializing any interviews, talks, discussions” with his former wife, a successive petition for post-conviction relief, and did the State have an ongoing obligation to provide the requested discovery to defendant?

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  • Certification granted : May 22, 2020
  • Posted: May 22, 2020
  • Argued: March 2, 2021
  • Decided: June 23, 2021

A-69-19 Ana S. Deras v. Yasamin T. Hamwi (084172)

Can an insurance carrier deny Underinsured Motorist (UIM) coverage to a resident relative because the resident relative had already recovered UIM benefits as an insured from another policy, where the prior recovery did not fully cover the insured’s damages?

  • Certification granted : May 22, 2020
  • Posted: May 22, 2020
  • Dismissed by Order : Oct. 30, 2020