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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-44/45-17 State v. Guilermo Santamaria (079934) Did the State’s introduction of more than fifty sexually explicit photographs, which were taken after the victim turned eighteen, for the purpose of establishing the existence of a sexual relationship between defendant and the victim when the victim was a minor, constitute plain error that required the reversal of defendant’s convictions for sexual assault; and was it reversible error for the State to comment in summation on defendant’s silence when he was confronted by the victim during a recorded conversation?
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A-43-17 Barbara Orientale v. Darrin L. Jennings (079953) Did the trial court apply the appropriate standard and analysis in determining an award of additur?
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A-41/42-17 State v. Donna M. Alessi (079255) Did police engage in an unconstitutional traffic stop and seizure that required the suppression of defendant’s statements and reversal of her convictions on the charges of filing false reports and hindering; did the admission of defendant’s statements also require reversal of her burglary conviction?
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A-41/42-17 - Reargued
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A-40-17 State v. Adrian A. Vincenty (079978) Was defendant’s waiver of his Miranda rights knowing and voluntary where police officers failed to advise him in advance of the waiver that a criminal complaint had been filed against him?
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A-39-17 State v. Carlos B. Green (080274) Are defendant’s prior two DWI convictions admissible to prove he acted recklessly at his trial for vehicular homicide while intoxicated?
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A-38-17 Josh Finkelman v. National Football League, et al (080501) Is the term “person[] who has access tickets to an event prior to the tickets’ release for sale to the general public,” as that term is used in N.J.S.A. 56:8-35.1, limited to ticket brokers and resellers; and are tickets to an event that are sold to winners of a lottery “release[d] for sale to the general public” within the meaning of N.J.S.A. 56:8-35.1, and, if so, are tickets distributed to selected entities “[withheld] . . . from sale to the general public” within the meaning of N.J.S.A. 56:8-35.1?
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A-37-17 State v. Kareem T. Tillery (079832) Among other issues, did the State demonstrate that defendant voluntarily waived his Miranda rights?
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A-35-17/A-36-17 State v. Deyvon T. Chisum / State v. Keshown K. Woodard (079823/079835) In responding to a noise complaint at a hotel, were police authorized to detain all occupants of the room to conduct warrant checks and to do pat-down searches of all occupants during the detention?
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A-34-17 Shabsi Ganzweig v. Township of Lakewood (080061) Is this police dash-cam video subject to disclosure under the Open Public Records Act, N.J.S.A. 47:1a-1 to -13?
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Did the police officers initially engage defendants in a voluntary field inquiry, or did the officers’ actions constitute an investigative detention requiring a reasonable and particularized suspicion of criminal activity?
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For the purpose of determining whether this development project was exempted from the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 to -35, did the municipality’s action in 2007 constitute final approval within the meaning of N.J.S.A. 40:55D-4 of the Municipal Land Use Law?
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A-31-17 Lieutenant John Kaminskas v. State of New Jersey (080128) Were these Union County police officers entitled to a defense by the Attorney General for their conduct while performing a polygraph for the Union County Prosecutor?
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A-30-17 State in the Interest of D.M., a Juvenile (079999) Can this fourteen-year-old juvenile be adjudicated delinquent for third-degree endangering the welfare of an eleven-year-old child where there are no findings of coercion or penetration?
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A-28/29-17 State v. Laurie Wint (079660) Among other issues, did defendant’s invocation of his Miranda rights when first arrested preclude law enforcement from questioning defendant while he was still incarcerated six months later?
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A-26/27-17 In re: Accutane Litigation (079933) Was plaintiffs’ evidence regarding a failure to warn sufficient to overcome the presumption of adequacy afforded by the Products Liability Act for an FDA-approved warning; and what is the appropriate resolution of the choice-of-law issues?
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A-25-17 In re: Accutane Litigation (079958) Did the trial court err in barring as scientifically unreliable the testimony of the plaintiffs’ expert witnesses?
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A-23-17/A-24-17 State v. William D. Brown / State v. Nigil J. Dawson (079553/079556) Among other evidentiary issues, did the trial court err: when it allowed a witness to testify regarding the victim’s dying declaration under N.J.R.E. 804(b)(2); and when it refused to allow defense counsel to question a police officer about information included in the officer’s search-warrant affidavit?
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A-22-17 State v. Leo C. Pinkston (080118) In this criminal justice reform matter, did the trial court abuse its discretion in denying defendant’s request to call certain police officers as “adverse witnesses” at the pretrial detention hearing? [Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of March 12-13, 2018. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 01/08/2018. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 02/05/2018. All dates are final. No further submissions shall be accepted unless requested by the Court.]
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Did the Commissions’ implementation of the holding in In re Yucht, No. A-6298-10 (App. Div. Sept. 3, 2013), concerning the payment of additional benefits for certain prior claims, provide adequate notice to potentially affected members?
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A-18/19/20-17 IMO the Expungement of the Arrest/Charge Records of T.B., J.N.-T. & R.C. (079813) In order for Drug Court graduates to have their criminal records expunged, are they required to make a showing that expungement is consistent with the public interest under N.J.S.A. 2C:52-2(c)(3)?
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