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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-72-18 State v. Robert Andrews (082209) Can a criminal defendant be compelled to disclose the passcode to his or her cellular phone?
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A-71-18 Joseph Kornbleuth, DMD v. Thomas Westover (081898) Must plaintiffs prove diminution of the value of their property to recover damages for an alleged trespass that resulted in the destruction of foliage on the property?
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A-71-18
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A-70-18 Bryheim Jamar Baskin v. Rafael Martinez (081982) In this action alleging that defendant, Detective Martinez, utilized excessive force against plaintiff, were there material issues of fact that precluded the entry of summary judgment to defendant?
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A-70-18
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A-69-18 Antonio Chaparro Nieves v. Office of the Public Defender (082262) Are legal malpractice claims exempt from the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and is plaintiff’s “loss of liberty” damages claim subject to the verbal threshold of the TCA?
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A-69-18
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A-68-18 New Jersey Transit Corporation v. Sandra Sanchez and Chad Smith (082292) Can plaintiff, a workers’ compensation carrier, obtain reimbursement of medical expenses and wage loss benefits it paid from defendants (more specifically, the tortfeasors who negligently caused injuries to plaintiff’s employee in a work-related motor vehicle accident), if the employee would be barred from recovering non-economic damages from defendants because he did not suffer a permanent injury?
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A-68-18
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A-67-18 State v. Jose Medina (081926) Under the circumstances presented, did testimony elicited by the State concerning an anonymous female who spoke to police at the scene violate State v. Bankston, 63 N.J. 263 (1973)?
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A-67-18
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A-66-18 Marilyn Flanzman v. Jenny Craig, Inc. (082207) Is this arbitration agreement invalid because it failed to identify any arbitration forum and any process for conducting the arbitration?
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A-66-18
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A-65-18 State v. Orlando Trinidad (081881) Was the defendant denied a fair trial by the alleged victim’s comments referencing high profile cases of police brutality?
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A-65-18
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A-64-18 State v. Quashawn K. Jones (081862) In this trial for attempted murder, did recorded phone conversations in which defendant discussed the victim’s death satisfy the State’s burden to show that he took a substantial step toward causing the victim’s death?
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A-64-18
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A-63-18 In re Application for Permit to Carry a Handgun of Calvin Carlstrom (081981) Was petitioner entitled to a hearing on his application for a permit to carry a handgun?
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A-62-18 State v. Shangzhen Huang (082140) In this matter arising from the dismissal of an indictment charging defendant with vehicular homicide and assault by auto, did the State make a prima facie showing of defendant’s recklessness?
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A-62-18
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A-61-18 In the Matter of the Investigation of Burglary and Theft (082243) Under the circumstances presented, was the State entitled to detain J.P., an individual suspected of committing burglary and theft, for the purposes of obtaining a DNA sample through a buccal swab?
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A-61-18
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A-60-18 State v. R.Y. (081706) In this trial involving charges of aggravated sexual assault and endangering the welfare of a child, did the trail court err in excluding hearsay statements made by one of the minor victims?
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A-60-18
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A-59-18 State v. Jerome Shaw, Jr. (081652) Is defendant entitled to the dismissal of his indictment on the basis that the prosecution presented the case to three separate grand juries?
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A-58-18 State v. Isaiah Bell (081743) Was defendant entitled to have the grand jury instructed on lesser included offenses to the charge of first-degree murder?
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A-58-18
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A-57-18 S.C. v. New Jersey Department of Children and Families (081870) Was the Division of Child Protection and Permanency’s finding of “not established” arbitrary, capricious, and unreasonable, under the circumstances presented; and, did the denial of an administrative hearing to challenge the finding of “not established” violate S.C.’s due process rights?
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A-57-18
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A-56-18 State v. Michael Olenowski (082253) Access prior opinion A-56-18, decided February 17, 2023, in which the Court adopted for criminal and quasi-criminal cases a non-exclusive, multi-factor test for the reliability of expert testimony patterned after the standard established in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Is Drug Recognition Experts (DRE) evidence – which, in this case, included testimony that defendant was under the influence of narcotics while driving – admissible under the standard articulated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) ?
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A-55-18 Investors Bank v. Javier Torres (082239) Can the right to enforce a lost promissory note be transferred to a third party?
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A-55-18
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A-54-18 Lisa Balducci v. Brian M. Cige (081877) Among other issues, did the appellate panel create a new rule of professional conduct when addressing defendant’s challenge to the invalidation of his retainer agreement with plaintiff?
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A-54-18
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A-53-18 Baldwin Shields v. Ramslee Motors (081969) Does a commercial landowner owe a duty of care to its commercial tenant’s invitees to remove snow and ice from the tenant’s property where the commercial lease agreement delegates the duty to maintain and repair the premises to the tenant?
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A-53-18
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