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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-89-15 Theresa Triola v. Board of Trustees, Public Employees' Retirement System (077503)

Did the Board of Trustees of the Public Employees' Retirement System err in denying petitioner's application for accidental disability retirement benefits, under the circumstances presented?

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  • Certification granted : July 15, 2016
  • Posted: July 15, 2016
  • Argued: Jan. 30, 2017
  • Dismissed as improvidently granted : April 5, 2017

A-88-15 John Paff v. Galloway Township (077692)

Does the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13 require the defendant township to produce electronically stored information about emails (name of sender, recipient, date and subject) sent by certain public employees over a specified period of time?

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  • Certification granted : July 15, 2016
  • Posted: July 15, 2016
  • Argued: Feb. 28, 2017
  • Decided: June 20, 2017

A-87-15 State v. Davon M. Williams (077442)

Is the exception to the mandatory period of parole ineligibility for a Graves Act offense, which exception was adopted after defendant committed the offense but prior to sentencing, applicable to this defendant?

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  • Certification granted : July 15, 2016
  • Posted: July 15, 2016
  • Argued: April 25, 2017
  • Decided by Order (remanded & appeal dismissed) : July 25, 2017

A-86-15 State v. Thomas L. Scott (077434)

Did the trial court err in determining that a defense witness could be impeached with evidence of two prior incidents of lying to the police?

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  • Certification granted : July 15, 2016
  • Posted: July 15, 2016
  • Argued: Feb. 27, 2017
  • Decided: June 28, 2017

A-85-15 Oxford Realty Group Cedar v. Travelers Excess and Surplus Lines Company (077617)

Under the terms of this insurance policy, is plaintiff entitled to coverage for the cost of debris removal in addition to the $1 million that was paid for property damage after Hurricane Sandy caused plaintiff's apartment complex to flood?

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  • Certification granted : July 11, 2016
  • Posted: July 11, 2016
  • Argued: Jan. 31, 2017
  • Decided: May 25, 2017

A-84-15 State v. S.S (077486)

Did the appellate panel err in relying on its independent review of defendant's video-recorded statement to reverse the trial court's order suppressing the statement?

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  • Leave to appeal granted : June 24, 2016
  • Posted: June 27, 2016
  • Argued: Feb. 27, 2017
  • Decided: June 21, 2017

A-81/82/83-15 J.B./L.A./B.M./W.M./R.L. v. New Jersey State Parole Board (077235)

May sex offenders on parole supervision for life ('PSL') or community supervision for life ('CSL') be forced to take a polygraph examination administered by the New Jersey State Parole Board?

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  • Certification granted : June 24, 2016
  • Posted: June 27, 2016
  • Argued: Jan. 17, 2017
  • Decided: May 8, 2017

A-80-15 New Jersey Division of Child Protection and Permanency v. J.L.G. (076543)

Did J.L.G. abuse or neglect his girlfriend's seven-year-old child, within the meaning of N.J.S.A. 9:6-8.21(c)(4), when he told his girlfriend to stop hitting the child without doing more to intervene?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: June 27, 2016
  • Argued: April 24, 2017
  • Decided: May 17, 2017

A-79-15 State v. Michael Ross II. (077458)

Did the trial judge's questioning of witnesses exceed the boundaries of permissible inquiry under N.J.R.E. 614, among other authority?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: June 27, 2016
  • Argued: March 27, 2017
  • Decided: June 26, 2017

A-78-15 State v. Dewight Greer (077618)

Did the trial court retain the authority to sua sponte reconsider defendant's motion for a judgment of acquittal (pursuant to Rule 3:18-1) and to acquit defendant of a charge three months after the court had declared a mistrial on that count?

  • Leave to appeal granted : June 6, 2016
  • Posted: June 7, 2016
  • Dismissed by Order : Aug. 24, 2016

A-77-15 Robert A. Verry v. Franklin Fire District No. 1 (Somerset) (077495)

Among other issues, is the Millstone Valley Fire Department an "instrumentality" of the Franklin Fire District No.1 and thus a "public agency" subject to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13)?

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  • Leave to appeal granted : June 6, 2016
  • Posted: June 7, 2016
  • Argued: March 27, 2017
  • Decided: Aug. 7, 2017

A-76-15 State v. Crisoforo Montalvo (077331)

Under the circumstances presented, did the trial court err in its instruction to the jury on the charge of unlawful possession of a weapon?

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  • Leave to appeal granted : June 3, 2016
  • Posted: June 6, 2016
  • Argued: Feb. 28, 2017
  • Decided: June 8, 2017

A-75-15 Twanda Jones v. Morey's Pier, Inc (077502)

Was this third-party defendant entitled to summary judgment on defendants' claim for contribution where the New Jersey Tort Claims Act (TCA) barred direct claims by plaintiffs against the third-party defendant?

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  • Leave to appeal granted : June 3, 2016
  • Posted: June 6, 2016
  • Argued: Feb. 27, 2017
  • Decided: July 27, 2017

A-74-15 State v. Dasean Harper (077427)

Did the trial court err in vacating defendant's conviction for possessing a handgun, where the underlying offense occurred in the 180-day period that followed the effective date of P.L. 2013, c. 117 § 1 ('An Act concerning the possession of certain firearms')?

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  • Leave to appeal granted : May 19, 2016
  • Posted: May 19, 2016
  • Argued: Jan. 30, 2017
  • Decided: June 5, 2017

A-73-15 State v. Brian Tier (077328)

Where defendant provided, in discovery, a list of proposed witnesses, including their addresses and birth dates, was defendant also required to provide the State a proffer of the witnesses' testimony?

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  • Leave to appeal granted : May 19, 2016
  • Posted: May 19, 2016
  • Argued: Jan. 30, 2017
  • Decided: May 2, 2017

A-72-15 State v. Rodney J. Miles a/k/a Jamal D. Allen (077035)

Does the 'same evidence' test, as expressed by the United States Supreme Court in Illinois v. Vitale, 447 U.S. 410 (1980), continue to govern the double jeopardy analysis in New Jersey for defendants facing successive prosecutions?

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  • Certification granted : May 6, 2016
  • Posted: May 9, 2016
  • Argued: Jan. 4, 2017
  • Decided: May 16, 2017

A-71-15 Denise Brown v. State of New Jersey (076656)

Did police violate plaintiff's rights when they entered her home without a warrant or consent in order to secure her residence while they sought a search warrant; and, if so, is this detective entitled to qualified immunity?

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  • Certification granted : May 6, 2016
  • Posted: May 9, 2016
  • Argued: Jan. 31, 2017
  • Decided: July 25, 2017

A-70-15 State v. Amir Randolph (076506)

Under the circumstances presented, was defendant entitled to suppress the evidence seized from this purportedly vacant or abandoned apartment?

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  • Certification granted : April 29, 2016
  • Posted: April 29, 2016
  • Argued: Jan. 3, 2017
  • Decided: May 3, 2017

A-69-15 Tahisha Roach v. BM Motoring (077125)

Did defendant's conduct constitute a breach of the parties' Dispute Resolution Agreement, which contained an arbitration provision, or a waiver of defendant's right to enforce the Agreement?

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  • Certification granted : April 29, 2016
  • Posted: April 29, 2016
  • Argued: Jan. 3, 2017
  • Decided: March 9, 2017

A-68-15 In the Matter of the New Jersey State Firemen’s Association Obligation to Provide Relief Applications Under the Open Public Records Act (077097)

Can a government records custodian bring an action pursuant to the Declaratory Judgment Act, N.J.S.A. 2A:16-50 to -62, to secure a declaratory judgment that it properly denied access to a record under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13, and the common law right of access; and, did this requestor have a right to access records pertaining to financial relief payments made by the Association?

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  • Certification granted : April 29, 2016
  • Posted: April 29, 2016
  • Argued: Jan. 18, 2017
  • Decided: Aug. 3, 2017