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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-9-22 State v. Rami A. Amer (086950)

Was defendant brought to trial within 180 days of the State receiving his request for disposition as required by the Interstate Agreement on Detainers?

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  • Certification Granted : Sept. 23, 2022
  • Posted: Sept. 26, 2022
  • Argued: March 14, 2023
  • Decided: July 3, 2023

A-8-22 State v. Barry Berry; State v. Kenneth Daniels; State v. Levell Burnett (086838)

Did the jury charge on N.J.S.A. 2C:35-3, leader of a narcotics trafficking network, adequately instruct the jury on the element of that offense that the defendant must be a “high level” member of the network, and did the Appellate Division appropriately reverse the trial court’s denial of defendant Berry’s motion for a judgment of acquittal on that offense?

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  • Certification Granted : Sept. 23, 2022
  • Posted: Sept. 26, 2022
  • Argued: Feb. 28, 2023
  • Decided: June 7, 2023

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?

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  • 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]

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

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?

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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?

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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?

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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?

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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)

Read Special Master's Report

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

[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

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?

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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?

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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?

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  • 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?

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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.]

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  • 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.]

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  • 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?

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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?

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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?

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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?

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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