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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-20-22 State v. Calvin Fair (086617) Is the portion of the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made “in reckless disregard of the risk of causing . . . terror,” unconstitutionally overbroad and did the jury instructions fail to ensure a unanimous verdict? [Note: This matter has been accelerated by order of the Court and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 12/22/22. 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-20-22
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A-19-22 Philip Pantano v. New York Shipping Association (087217) Is vicarious liability under the “borrowed servant” doctrine a question of law to be decided by the court or a question of fact reserved for the jury?
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A-19-22 Part-1
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A-19-22 Part-2
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A-18-22 R.M.R. Elevator Company, Inc. v. Broad Atlantic Associates, LLC (087214) Does N.J.S.A. 2A:23B-25(c) require an express agreement for a post-judgment award of attorney’s fees as articulated in Rock Work, Inc. v. Pulaski Construction Co., 396 N.J. Super. 344, 355-57 (App. Div. 2007)?
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A-17-22 State v. Jason M. O’Donnell (087023) Does N.J.S.A. 2C:27-2, which imposes criminal liability for “bribery in official and political matters,” apply to a candidate for political office who is not an incumbent and is ultimately not elected?
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A-17-22
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A-16-22 State v. Andreas M. Erazo (086991) Were defendants’ statements to the detectives made knowingly, intelligently, and voluntarily?
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A-16-22
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A-15-22 State v. Joao C. Torres (086812) Was the warrantless search and seizure of defendant and his clothing permissible as a search incident to arrest?
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A-15-22
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A-14-22 State v. Roberson Burney (086966) Was the expert testimony regarding the coverage range of a cell phone tower admissible, and did one of the victim’s in-court identification of defendant, or the jury instructions associated with that identification, amount to reversible error?
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A-14-22
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A-13-22 State v. Alan T. Walker (086958) When a Megan’s Law registrant is released from inpatient substance abuse treatment, how long does the registrant have to verify their home address under N.J.S.A. 2C:7-2(e) before they can be held criminally liable?
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A-12-22 McDonald Motors Corporation v. John J. Delaney, Esq. (086964)
In this action in which plaintiff alleges that defendant failed to adequately disclose a conflict of interest with a member of the planning board, did plaintiff plead sufficient facts to survive a motion to dismiss the complaint for failure to state a claim upon which relief can be granted under Rule 4:6-2(e)?
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A-12-22
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A-10/11-22 State v. Cindy Keogh and David Keogh (087301) Were defendants subjected to custodial interrogation when they were interviewed by the detectives such that they should have been given Miranda warnings?
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A-10/11-22
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A-9-22 State v. Rami A. Amer (086950) Was defendant brought to trial within 180 days of the State receiving his request for disposition as required by the Interstate Agreement on Detainers?
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A-9-22
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A-8-22 State v. Barry Berry; State v. Kenneth Daniels; State v. Levell Burnett (086838) Did the jury charge on N.J.S.A. 2C:35-3, leader of a narcotics trafficking network, adequately instruct the jury on the element of that offense that the defendant must be a “high level” member of the network, and did the Appellate Division appropriately reverse the trial court’s denial of defendant Berry’s motion for a judgment of acquittal on that offense?
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A-8-22
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A-61-21/A-7-22 Facebook, Inc. v. State of New Jersey (087054) Can the State obtain prospective electronic communications from a Facebook account via a communications data warrant (CDW), or is a wiretap order required, and if a CDW is sufficient, must it be limited to a ten-day time period?
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A-61-21/A-7-22
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A-6-22 State v. Kyle A. Smart (087315) Under the circumstances presented, was the warrantless search of the vehicle “based on probable cause arising from unforeseeable and spontaneous circumstances” under State v. Witt, 223 N.J. 409, 450 (2015)? [Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 4:30 p.m. on 11/9/22. Such filings should 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-6-22
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A-4/5-22 State v. Jamire D. Williams; State v. Tyshon Kelly (086598) Among other issues, did the officers have reasonable and articulable suspicion to stop the vehicle based on the owner’s license being suspended, did the officers improperly prolong the stop after discovering that the owner of the vehicle was not the driver, and was it prejudicial error for the body camera footage of Williams objecting to the search to be played for the jury?
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A-4/5-22 Part-1
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A-4/5-22 Part-2
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Does the administrative code require Altice to offer its customers prorated billing when they terminate service prior to the end of the billing month, or is N.J.A.C. 14:18-3.8 preempted by the Federal Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 to -573?
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A-2/3-22
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A-1-22 Carol Ann Conforti v. County of Ocean (086206) Were the Ocean County defendants entitled to immunity under the Tort Claims Act, N.J.S.A. 59:6-4 to -6?
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A-1-22
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A-67-21 State v. Anthony Miranda (086773) Were the officers’ warrantless searches of the storage trailer and of the bag found in the trailer constitutional?
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A-67-21
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A-66-21 State v. Thomas Zingis (087132) In a prosecution for a second driving while intoxicated (DWI) offense, what evidence is the State required to present to prove that a prior conviction for DWI was not based on Alcotest breath sample test results deemed inadmissible in State v. Cassidy, 235 N.J. 482 (2018)?
[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 12/1/23. 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-66-21 Part-1
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A-66-21 Part-2
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A-64/65-21 State v. Richard Gomes; State v. Moataz M. Sheira (087192) Is a defendant with a prior conditional discharge for a disorderly persons offense of marijuana possession eligible for the Pretrial Intervention program if the prior offense was expunged under the Cannabis Regulatory, Enforcement, Assistance and Marketplace Modernization Act?
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A-64/65-21
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