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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-31-20 State v. Carl L. Moore (084345) Should defendant, who was charged with unlawful possession of a handgun, have been permitted to present historical context testimony, namely that he did not knowingly possess the gun because it was “planted” on him by members of a gang in retaliation for defendant’s prior cooperation with law enforcement?
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Among other challenges to the adoption of these Directives, does the Attorney General have the authority to require public disclosure of the names of police officers assessed “major discipline”? [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 December 15, 2020. 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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Part 1
Watch the
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Oral Argument Audio for
Part 2
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A-25-20 State v. David Chavies (084999) Did defendant satisfy the medical predicates for relief under Rule 3:21-10(b)(2), and is a defendant barred from release under Rule 3:21-10(b)(2) while serving a mandatory period of parole ineligibility? [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 12/21/2020. 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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A-24-20 In the Matter of Registrant J.D.-F. (084397) Does N.J.S.A. 2C:7-2(g) apply to a defendant who committed an offense before the statute’s enactment but was sentenced afterwards?
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A-23-20 Armando Rios, Jr. v. Meda Pharmaceutical, Inc. (084746) In this action in which plaintiff asserted that his supervisor’s use of racial slurs on two occasions created a hostile work environment in violation of the New Jersey Law Against Discrimination, were there material issues of fact that precluded the grant of summary judgment to defendants?
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A-22-20 State v. Tywaun S. Hedgespeth (084892) Was it harmless error for the trial court to determine that defendant’s prior convictions could be used to impeach him under N.J.R.E. 609 where that determination resulted in defendant’s decision not to testify, and did the admission of an affidavit certifying the nonexistence of a gun permit without testimony by the affiant violate the Confrontation Clause?
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A-21-20 State v. Michael Konecny (084880) Can a defendant’s past uncounseled convictions for driving while intoxicated (DWI) support a conviction under N.J.S.A. 2C:40-26(b), which prohibits driving during a period of license suspension imposed following a second or subsequent conviction for DWI?
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A-20-20 State v. Laquan Harris (084631) In this post-conviction relief proceeding, did defendant show that he received ineffective assistance of trial counsel entitling him to a new trial?
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A-19-20 Estate of Hiram A. Gonzalez v. The City of Jersey City (084381) Were the actions of the police officers ministerial in nature such that they were not immune from liability under the Tort Claims Act? Watch the
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Oral Argument Audio for
Part 1
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Oral Argument Audio for
Part 2
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A-18-20 Baffi Simmons v. Wendy Mercado (084695) Are complaints and summonses in the State’s Electronic Complaint Disposition Record (ECDR) system subject to production under the Open Public Records Act?
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A-17-20 Bonay Goldhagen v. Susan Pasmowitz (084668) Does the strict liability dog bite statute, N.J.S.A. 4:19-16, have an assumption of the risk exception for independent contractors?
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A-15/16-20 State v. Bennie Anderson (084365) Was the forfeiture of this public employee’s pension a fine that implicates the Excessive Fines Clause of the Eighth Amendment to the United States Constitution and Article I, Paragraph 12 of the New Jersey Constitution, and if so, what factors should courts consider when assessing whether pension forfeiture is excessive?
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A-14-20 State v. Jose Carrion (084390) Did the failure of the arresting officers to apprise defendant of his Miranda rights prior to his initial statements in his apartment preclude the admission of his subsequent warned statements at the police station; and did the admission of an affidavit certifying the nonexistence of a gun permit without testimony by the affiant violate the Confrontation Clause?
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A-13-20 State v. Michelle Paden-Battle (084603) Did the jury’s verdict acquitting defendant of murder, conspiracy to commit murder, and weapons offenses preclude the sentencing court from finding that defendant ordered the victim’s execution?
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A-12-20 Ernest Bozzi v. City of Jersey City (084392) Under the Open Public Records Act, was plaintiff entitled to the names and addresses of individuals possessing a dog license issued by Jersey City?
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A-11-20 State v. Rasheem W. McQueen and Myshira T. Allen-Brewer (084564) Did the State’s acquisition of the recording of a telephone call placed from the police station’s phone violate the Fourth Amendment?
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A-10-20 Borough of Carteret v. Firefighters Mutual Benevolent Association, Local 67 (084709) Was the arbitrator’s interpretation of the disputed clause in the parties’ collective negotiations agreement reasonably debatable? Watch the
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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.] Watch the
Listen to the
Oral Argument Audio for
Part 1
Watch the
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Oral Argument Audio for
Part 2
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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.] Watch the
Listen to the
Oral Argument Audio for
Part 1
Watch the
Listen to the
Oral Argument Audio for
Part 2
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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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