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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-40-22 Viktoriya Usachenok v. State of New Jersey Department of the Treasury (086861) Does N.J.A.C. 4A:7-3.1(j), a civil service regulation governing investigations of discrimination that, as amended in 2020, directs investigators to “request that all persons interviewed, including witnesses, not discuss any aspect of the investigation with others, unless there is a legitimate business reason,” impermissibly restrict protected speech in violation of the First Amendment or the New Jersey Law Against Discrimination?
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A-40-22
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A-39-22 State v. Isaiah J. Knight (087822) Where a witness who identified defendant as the shooter in connection with a murder prosecution later gave a sworn statement stating that he was held at gunpoint by defendant’s relatives and forced to sign an affidavit recanting his identification of defendant, can the defense be compelled to produce any recantation affidavits that may be in its possession?
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A-39-22
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A-38-22 State v. Colleen A. Cunningham (087913) Are the results from the Alcotest 9510 sufficiently reliable to be admissible in driving while intoxicated (DWI) cases to establish a defendant’s guilt or innocence for DWI? [Note: This matter is remanded to a special master, the Honorable Richard J. Geiger, J.A.D., who is currently serving in the Superior Court, Appellate Division, to develop a record, conduct hearings, and make findings and conclusions regarding the scientific reliability of the Alcotest 9510, which proceedings shall be scheduled on an accelerated basis. All motions to participate in the remand shall be served and filed with the Special Master on or before June 20, 2023.]
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A-37-22 William DeSimone v. Springpoint Senior Living, Inc (087891) Does the refund provision of N.J.S.A. 56:8-2.11 apply to the entire Consumer Fraud Act, N.J.S.A. 56:8-1 to -227, or only to the Truth in Menu Act, N.J.S.A. 56:8-2.9 to -2.13?
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A-37-22
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A-36-22 State v. Amandeep K. Tiwana (087919) Was defendant subject to interrogation at the time she told the detective that she only had two shots prior to the car accident?
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A-36-22
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A-35-22 State v. Kalil Cooper (087742) Did the trial court improperly instruct the jury that conspiracy is a predicate crime of N.J.S.A. 2C:33-30, promotion of organized street crime?
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A-35-22
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A-34-22 State v. Shlawrence Ross (087823) Where defendant had elective surgery to remove a bullet from his body, can the State obtain the bullet using a search warrant and the attendant medical records using a subpoena?
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A-34-22
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Is the County Prosecutors Association of New Jersey subject to the Open Public Records Act as a “public agency” under N.J.S.A. 47:1A-1.1 and are its records subject to the common law right of access?
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A-32-22 State v. Oscar R. Juracan-Juracan (087849) Does defendant have the right to have interpreting services provided in person, as opposed to remotely, at his criminal trial? [Note: The Court imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 5/1/23. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-32-22 - Part 1
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A-32-22 - Part 2
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A-31-22 State v. Curtis L. Gartrell (087597) After defendant fled on foot, did the police officers need a warrant to search defendant’s suitcase? [Note: The Court imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 5/1/23. Such filings shall be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-31-22
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A-30-22 Henry Keim v. Above All Termite & Pest Control (087603) Under the circumstances presented, were the employee’s injuries incurred during a motor vehicle accident compensable under the Workers’ Compensation Act?
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A-30-22-Part 1
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A-30-22-Part 2
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A-29-22 State v. Brandon M. Washington (087477) Did the prosecutor’s pretrial preparation of witnesses, which included showing the witnesses a photograph of defendant, taint the witnesses’ in-court identifications of defendant, and should that pretrial preparation have been recorded?
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A-29-22
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A-28-22 AC Ocean Walk, LLC v. American Guarantee and Liability Insurance Company (087304) Under the terms of the insurance policies, did the presence of COVID-19 or related Executive Orders cause a “direct physical loss of or damage” to plaintiff’s property, and if so, did the contamination exclusions in the policies apply?
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A-28-22 - Part 1
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A-28-22 - Part 2
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A-27-22 James Meyers v. State Health Benefits Commission (087633) In this matter in which the State Health Benefits Commission ordered health care insurance premiums to be deducted from petitioner’s monthly retirement payment, did the Appellate Division err by failing to consider the issue of equitable estoppel?
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A-27-22-Part 1
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A-27-22-Part 2
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A-26-22 Leander Williams v. New Jersey State Parole Board (087613) Can the State Parole Board impose a special condition mandating participation in a residential treatment program if an inmate is entitled to administrative parole release under the Earn Your Way Out Act?
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A-26-22
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A-25-22 Suzanne Cardali v. Michael Cardali (087340) What quantum of evidence, including evidence about intertwined finances, is required to make a prima facie showing of cohabitation in support of a motion to terminate alimony?
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A-25-22
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A-24-22 C.V. v. Waterford Township Board of Education (087260) In this matter involving a sexual assault on a school bus, can plaintiffs maintain against defendants a gender-based claim under the New Jersey Law Against Discrimination?
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A-24-22
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A-23-22 State v. Quintin D. Watson (087251) Was it harmless error to admit the police officer’s testimony that he consulted with another police department before filing criminal charges against defendant, did the officer’s testimony narrating a surveillance video deprive defendant of a fair trial, and was it plain error to allow the victim to identify defendant for the first time in-court during the trial when the victim previously had identified a different individual as the perpetrator during a photo array? [Note: The Court imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 2/9/23. Such filings shall be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-23-22 Part-1
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A-23-22 Part-2
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A-22-22 State v. Stephen A. Zadroga (087156) Does double jeopardy require dismissal of the indictment with prejudice where the trial court declared a mistrial and found that the State acted in bad faith and engaged in inexcusable conduct?
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A-22-22
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Do school boards have to notify, in advance, full-time tenured teachers who voluntarily take a part-time teaching position that they are at risk of not getting their full-time job back?
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A-21-22
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