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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-56-16 State v. Amed Ingram (079079) At a pretrial detention hearing pursuant to New Jersey’s Bail Reform Act, N.J.S.A. 2A:162-15 to -26, may the State establish probable cause by proffer, rather than producing live testimony from a witness with first-hand knowledge of the offense? [Note: This appeal has been accelerated by order of the Court and will be calendared for oral argument on a peremptory date to be scheduled by the Clerk’s Office.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 04-05-2017.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 04-12-2017.Amicus briefs and responses shall not exceed 20 pages in length.No further submissions, beyond the parties’ supplemental briefs as authorized by the Court’s order, shall be accepted unless requested by the Court.]
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A-55-16 Mark R. Krzykalski v. David T. Tindall (078744) In this action alleging that defendant Tindall and a fictitious defendant (John Doe) negligently caused an accident that injured plaintiff, did the trial court err in allowing the jury to apportion liability between defendant and the fictitious defendant?
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A-54-16 State v. Todd Dorn (078399) Did the trial court err in admitting into evidence a map identifying areas within 500 feet of public parks and buildings; and was defendant’s right to a grand jury indictment violated when the trial court permitted the prosecutor to amend the indictment to expose defendant to greater criminal liability?
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A-53-16 State v. Donnell Jones (078793) Was defendant denied his right to allocute and present mitigating information at sentencing, when the trial court denied defendant’s request to re-address the court after the prosecutor began her statement?
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A-52-16 State v. Dorian Pressley a/k/a Justin Belton (078747) Was the undercover officer’s identification of defendant impermissibly suggestive, such that defendant was entitled to a Wade hearing, where the officer identified defendant from a single photograph within one hour of the undercover transaction?
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A-51-16 State v. Gary Twiggs (077686) When addressing the statute of limitations in a criminal matter, is N.J.S.A. 2C:1-6’s tolling provision – which applies when "the actor" is identified by means of DNA evidence – triggered where the DNA analyzed belongs to a third party, rather than the defendant?
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A-50-16 State v. J.L.G. a/k/a J.L.J. (078718) Was defendant entitled to a new trial because of the admission of expert testimony regarding the child sexual abuse accommodation syndrome? [Note: This appeal is remanded summarily to the trial court for a hearing, pursuant to N.J.R.E. 104, to determine whether CSAAS evidence meets the reliability standard of N.J.R.E. 702, in light of recent scientific evidence. Any party seeking to appear as amicus curiae and to participate in the development of the record may move before the trial court within 30 days of 3/17/17. The trial court shall determine the extent of such participation. Jurisdiction of the appeal is otherwise retained.]
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A-49-16 State v. Allen Alexander a/k/a Karon Keenan (078515) In this trial on charges of robbery and conspiracy to commit robbery, did the trial court commit plain error by failing to charge the jury on the crime of second-degree aggravated assault as a lesser-included offense?
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A-48-16 Mary Harz v. Borough of Spring Lake (078711) Could plaintiff maintain a cause of action against defendants under the Civil Rights Act for defendants’ failure to properly review her complaints about alleged zoning violations?
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A-47-16 Communications Workers of America, AFL-CIO v. Civil Service Commission (078742) Among other issues, what is the appropriate standard of review applicable when a court reviews the Legislature’s invocation of its veto power, pursuant to the Legislative Review Clause (N.J. Const. art. V, § 4, ¶ 6)?
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A-43/44/45/46-16 Agriculture Development Committee v. Quaker Valley Farms, LLC (078517) Did defendants’ earth-moving activities on their farm violate the terms of the development easement granted by their predecessors in title under the Agriculture Retention and Development Act?
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A-42-16 State v. Aharon Atwood and Shalom Mizrahi (078804) Was the seized evidence properly suppressed based on defendant’s challenge to police conduct occurring prior to the issuance of a warrant?
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A-41-16 State v. Shayna Zalcberg (078308) In this DWI matter, is defendant entitled to the suppression of blood evidence obtained without a warrant?
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A-40-16 State v. Habeeb Robinson (078900) What is the scope of the discovery that the State must produce prior to a pretrial detention hearing held under the Bail Reform Act (Act), N.J.S.A. 2A:162-15 to -26? [Note: This appeal has been accelerated by order of the Court and will be calendared for oral argument on a peremptory date to be scheduled by the Clerk’s Office. 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 2/27/17. 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 3/7/17. No further submissions shall be accepted unless requested by the Court.]
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A-39-16 Petro-Lubricant Testing Laboratories, Inc. v. Asher Adelman (078597) In this defamation action, did posting an article on a website with minor changes from the original posting constitute a separate publication, thereby triggering a new statute of limitations, or did the single publication rule apply to render the complaint untimely?
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A-38-16 State in the Interest of J.A., a Juvenile (077383) Did exigent circumstances justify the officers’ warrantless entry in the juvenile’s home, where the officers tracked him by following the GPS signals emitted from the victim’s stolen phone?
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A-37-16 State v. Malcolm C. Hagans (078014) Was consent to search the vehicle freely and voluntarily given, under the circumstances presented?
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A-36-16 State v. Lori A. Hummel (078476) Based on defendant’s statement, were the officers’ justified in removing all of the items in defendant’s purse in her presence, before removing the purse from the interrogation room?
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A-35-16 Margo S. Ardan v. Board of Review, Department of Labor and Workforce Development (077771) Was this individual disqualified from receiving unemployment benefits because she left her employment at Lourdes Medical Center of Burlington County, Inc. without good cause attributable to the work?
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A-33/34-16 State v. Nathan N. Shaw; State v. Keon L. Bolden (078247) Was the statement uttered by defendant while detained in a police vehicle the result of an unlawful detention; and, under the circumstances presented, must defendant show a protected privacy interest in the tote bag where drug evidence was found?
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A-33/34-16-Reargued
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