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  • State v. Kalil Cooper (087742) (Union County & Statewide) A-35-22 Supreme March 27, 2024 Oral Argument A-35-22 A-35-22 Audio for A-35-22 Close Summary A-35-22 Conspiracy to distribute CDS is not an enumerated predicate offense of the promoting statute, N.J.S.A. 2C:33-30, and defendant’s conviction for a crime that does not exist must be vacated. 1. N.J.S.A. 2C:33-30(a) provides in relevant part that “[a] person promotes organized street crime if he conspires with others . . . to commit any crime specified in” one of several enumerated chapters of Title 2C of the New Jersey statutes or one of the additional statutes listed from chapters 34 and 39 of Title 2C. To prove “promoting,” the State must prove beyond a reasonable doubt the accused conspired to commit at least one offense on that specific list of predicate offenses. Conspicuously absent from that list is the substantive offense of conspiracy pursuant to N.J.S.A. 2C:5-2. The offense of conspiracy is not listed as a predicate offense itself, nor is it specified within any of the enumerated chapters as a predicate offense of the promoting statute. The jury instruction in this case thus erroneously departed from the list of permissible predicate offenses in N.J.S.A. 2C:33-30(a) and erroneously opened to the jury the possibility of convicting defendant for conspiracy to conspire to distribute CDS, a crime that does not exist because conspiracy to distribute CDS is not a predicate offense under the promoting statute. (pp.13-15) 2. If the party contesting the jury instruction fails to object to it at trial, the standard on appeal is one of plain error; if the party objects, the review is for harmless error. Defendant raised an objection to the now challenged jury instruction at various points leading up to, during, and through the end of the trial. The issue was properly preserved, thus the Court reviews for harmless error. (pp. 15-19) 3. Defendant was convicted and sentenced based upon a charge that does not exist within the criminal code. Such a result is not harmless, but rather unjust. The jury’s verdict, premised upon the instructions provided by the trial court, is legally invalid. Because defendant was not on notice of any other proper predicate offense for the promoting statute under count four of the indictment, the jury’s verdict on that count is vacated without a remand. The Court does not reach the question as to whether a double inchoate crime may exist within New Jersey’s criminal code. (pp. 19-20) Close
  • STATE OF NEW JERSEY VS. JAMEL LEWIS, ET AL. (10-03-0288, UNION COUNTY AND STATEWIDE) (CONSOLIDATED) A-0392-21/A-1828-21/A-2728-21 Appellate March 28, 2024
  • LAURA RUCCOLO VS. ARDSLEY WEST COMMUNITY ASSOCIATION, INC., ET AL. (L-0741-19, BURLINGTON COUNTY AND STATEWIDE) A-1563-21 Appellate March 28, 2024
  • MARGARET S. FREY VS. THOMAS G. FREY (FM-12-0789-18, MIDDLESEX COUNTY AND STATEWIDE) A-2271-21 Appellate March 28, 2024
  • SAKINAH RICE, ETC. VS. GOLD MEDAL ENVIRONMENTAL OF NJ, INC., ET AL. (L-1906-19, CAMDEN COUNTY AND STATEWIDE) A-0768-22 Appellate March 28, 2024
  • RAYMOND G. MORISON, JR. VS. THE WILLINGBORO BOARD OF EDUCATION, ET AL. (L-0092-22, BURLINGTON COUNTY AND STATEWIDE) A-1280-22 Appellate March 28, 2024 Summary A-1280-22 This appeal concerns issues of preclusion and the relationship between the statutory systems for the Commissioner of Education and the State Board of Examiners revoking or suspending an educator's certificate to teach in the New Jersey public schools under N.J.S.A. 18A:6-17.1, and the separate arbitration process specified since 2012 in N.J.S.A. 18A:6-38 to -39 2 (the TEACHNJ law) for a school district terminating or disciplining a teacher for improper conduct. Appellant, a tenured teacher, was charged by the local board of education with unbecoming conduct.  The school board sought to terminate his employment in the district.  The contested matter was tried before an arbitrator.  The arbitrator found appellant had engaged in unbecoming conduct, but she imposed a milder sanction of a one-year suspension.  The arbitrator's decision was not challenged in court by either appellant or the school board.  The Board of Examiners then pursued the revocation of appellant's license based on his same improper conduct, and it is anticipated that contested case will be tried in the Office of Administrative Law. Appellant contends the Board of Examiners and the Commissioner—even though they were not parties to the tenure arbitration—have no authority to pursue the revocation of his license because the arbitrator only suspended his employment for one year.  Among other things, appellant invokes a doctrine of "industrial double jeopardy" to support his preclusion argument.  He also contends the revocation proceedings violate his constitutional and civil rights. The matter was presented to a Law Division judge, who confirmed the arbitration award but rejected appellant's arguments for preclusion. This court affirms the trial court's decision and holds the Board of Examiners and the Commissioner are not precluded by the arbitration outcome from pursuing the revocation of appellant's teaching certificate.  The statewide teacher certificate revocation process authorized in N.J.S.A. 18A:6-38 and -39 operates separately from the teacher tenure arbitration process under N.J.S.A. 18A:6-17.1.  The manifest legislative intent is for the two statutes to be administered independently of one another.  The proceedings involve non-identical parties, and also different stakes, procedures, and avenues and standards of appellate review.  The court rejects appellant's assertion of industrial double jeopardy and his claims of the violation of his constitutional and civil rights. Close
  • MICHAEL DUNN VS. NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ETC. (NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION) A-1392-22 Appellate March 28, 2024
  • PHILIP DATTOLO VS. EMC SQUARED, LLC, ET AL. (L-0369-20, MORRIS COUNTY AND STATEWIDE) A-1450-22 Appellate March 28, 2024
  • STATE OF NEW JERSEY VS. ALBERTO SCABONE (80-08-4225, ESSEX COUNTY AND STATEWIDE) A-1460-22 Appellate March 28, 2024
  • UNITED PENTECOSTAL CHURCH OF CAMDEN, INC. VS. CITY OF CAMDEN (L-1727-22, CAMDEN COUNTY AND STATEWIDE) A-1648-22 Appellate March 28, 2024
  • J.T. VS. A.S.A., ET AL. (FV-12-1697-23 AND FV-12-1730-23, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) A-1860-22/A-2152-22 Appellate March 28, 2024
  • F&E REALTY BY RACEWAY PETROLEUM V TOWNSHIP OF GREEN BROOK 011927-2020,011412-2021 Tax March 28, 2024
  • STATE OF NEW JERSEY VS. BRIAN R. AUXER (11-20, ATLANTIC COUNTY AND STATEWIDE) A-0007-21 Appellate April 1, 2024
  • STATE OF NEW JERSEY VS. GABRIEL MERCADO (19-01-0101, BERGEN COUNTY AND STATEWIDE) A-0600-21 Appellate April 1, 2024
  • RAFAEL C. RIVERA, ETC. VS. STARSTONE SPECIALTY INSURANCE COMPANY, ET AL. (L-1836-21, HUDSON COUNTY AND STATEWIDE) (CONSOLIDATED) A-2345-21/A-2365-21 Appellate April 1, 2024
  • KEITH ISAAC VS. BOARD OF TRUSTEES, ETC. (POLICE AND FIREMEN’S RETIREMENT SYSTEM) A-3489-21 Appellate April 1, 2024
  • STATE OF NEW JERSEY IN THE INTEREST OF M.E.M. (FJ-18-0260-21, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3590-21 Appellate April 1, 2024
  • NEW JERSEY REAL ESTATE COMMISSION VS. RICHARD A. KARPF, ET AL. (NEW JERSEY REAL ESTATE COMMISSION) A-3654-21 Appellate April 1, 2024
  • ANTHONY FESTA, M.D., ET AL. VS. VINCENT MCINERNEY, M.D., ET AL. (C-000005-22, PASSAIC COUNTY AND STATEWIDE) A-0360-22 Appellate April 1, 2024
  • ALPHA REALITIES, LLC VS. KELSEY JACKSON, ET AL. (L-2669-21, ATLANTIC COUNTY AND STATEWIDE) A-0880-22 Appellate April 1, 2024