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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-33-23 Antonio Fuster v. Township of Chatham (089030) Read Appellate Opinion A-1673-22 Are plaintiffs entitled to this body worn camera recording of an interview under the Body Worn Camera Law, N.J.S.A. 40A:14-118.3 to -118.5, the Open Public Records Act, and the common law right of access?
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A-33-23
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A-32-23 Laurence J. Rappaport v. Kenneth Pasternak (088645) Read Appellate Opinion A-0491-21/A-0492-21 In this matter, where an arbitrator found that plaintiff was wrongfully terminated and awarded him monetary damages but divested him of his interests in various limited liability realty companies, did the Appellate Division err in modifying the arbitration awards?
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A-30/31-23 In the Matter of A.D., an Alleged Incapacitated Person (088942) Read Appellate Opinion A-2563-21/A-2652-21 In an action seeking guardianship of an alleged incapacitated and vulnerable adult, under what circumstances can a court grant applications for fees and costs submitted by court-appointed attorneys and guardians?
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A-30/31-23
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A-29-23 257-261 20th Avenue Realty, LLC v. Alessandro Roberto, et al. (088959) Read Appellate Opinion A-3315-21 Is the Tax Sale Law, which authorizes the purchaser of a tax sale certificate to acquire title to real property by foreclosing the equity of redemption of all outstanding interests (N.J.S.A. 54:5-1 to -137), unconstitutional under the decision in Tyler v. Hennepin County, 598 U.S. 631 (2023); and if not, did exceptional circumstances otherwise exist in this matter that warranted vacating the final judgment under Rule 4:50-1(f)?
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A-29-23
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A-28-23 In the Matter of the Estate of Michael D. Jones, Deceased (088877) Read Appellate Opinion A-2944-21 Under N.J.S.A. 3B:3-14, is the designation of a spouse as the pay-on-death beneficiary of United States Savings Bonds automatically nullified on divorce, and if so, is the statute preempted in this matter by federal regulations governing United States Savings Bonds, including 31 C.F.R. § 353.22?
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A-28-23
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A-26/27-23 State v. Darryl Nieves; State v. Michael Cifelli (088683) Read Appellate Opinion A-2069-21/A-2936-21 Is the diagnosis of abusive head trauma, commonly known as shaken baby syndrome, scientifically reliable?
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A-25-23 State v. C.P. (088925) Read Appellate Opinion A-2400-22 Are extraordinary aggravating factors present such that C.P.’s petition for compassionate release under the Compassionate Release Act, N.J.S.A. 30:4-123.51e, should be denied? [Note: The briefs in this matter are excluded from public access. Further questions may be directed to the Clerk's Office at 609-815-2955.]
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A-25-23-Part 1
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A-25-23-Part 2
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In re New Jersey Rules of Court, Part VII, Guideline 4 (089275) In this matter, the Court withdraws Guideline 4 of Part VII of the N.J. Court Rules, which prohibited plea bargaining in driving while intoxicated (DWI) cases, in light of recent amendments to N.J.S.A. 39:4-50, which authorize plea bargaining in DWI cases.
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A-24-23 In the Matter of Proposed Construction of Compressor Station (CS327) (088744) In Exemption 11 of the Highlands Act, N.J.S.A. 13:20-28(a)(11), which exempts “the routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade of public utility lines, rights of way, or systems, by a public utility, provided that the activity is consistent with the goals and purposes” of the Highlands Act, does the word “routine” refer only to “maintenance or operations” or to all of the activities listed in Exemption 11? [Note: Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 3/20/24. 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-24-23
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A-23-23 In the Matter of Registrant R.S. (088761) Is a Megan’s Law registrant whose risk of re-offense is moderate or low entitled to an evidentiary hearing to determine if the registrant’s conduct was characterized by a pattern of repetitive, compulsive behavior and therefore the registrant’s information should be included on the Sex Offender Internet Registry, N.J.S.A. 2C:7-13? [Note: The Court imposed an expedited, 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 4/1/24. 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-23-23
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A-22-23 Verizon New Jersey, Inc. v. Borough of Hopewell (088421) What is the proper interpretation of the phrase “local telephone exchange” in N.J.S.A. 54:4-1? [Note: Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 3/20/24. 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-22-23
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A-20/21-23 In the Matter of Registrant R.H.; In the Matter of Registrant T.L. (088232) Does the provision of N.J.S.A. 2C:7-2(f) that prevents termination of a registrant’s Megan’s Law registration requirements if the registrant committed another offense within fifteen years apply to juvenile offenders? [Note: The Court imposed an expedited, 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 4/1/24. 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-20/21-23
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A-19-23 In the Matter of J.A. (088405) Is the provision of N.J.S.A. 2C:7-2(f) that prevents termination of Megan’s Law registration requirements if the registrant committed another offense within fifteen years constitutional when applied to juvenile offenders? [Note: The Court imposed an expedited, 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 4/1/24. 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-19-23-Part 1
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A-19-23-Part 2
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Are the documents at issue privileged under the Patient Safety Act, N.J.S.A. 26:2H-12.23 to -12.25?
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A-17/18-23
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A-16-23 Board of Education of the Township of Sparta v. M.N. (088378) If the State issues a high school diploma to a student who is covered by the Individuals with Disabilities Education Act (IDEA) for passing the General Education Development exam pursuant to N.J.A.C. 6A:8-5.2(c), does that diploma qualify as a “regular high school diploma” under 34 C.F.R. § 300.102(a)(3) such that the student is no longer entitled to a free appropriate public education under IDEA?
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A-16-23
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A-15-23 In the Matter of James Hartnett, Pennsauken (087997) Did the Civil Service Commission err in denying petitioner’s automatic reinstatement request under the circumstances presented?
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A-15-23
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A-14-23 New Jersey Division of Child Protection and Permanency v. A.P. (088329) Can the Division of Child Protection and Permanency use expunged criminal records in this child abuse and neglect proceeding that arises out of the same incident as the criminal matter?
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A-14-23
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A-13-23 State v. Donnie E. Harrell (088412) Under the circumstances presented, is the alleged victim’s recorded statement from when she was eight years old admissible at trial now when she is fifteen and would testify that she recalls only one of the incidents of alleged sexual assault described in that statement?
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A-13-23
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A-12-23 David Goyco v. Progressive Insurance Company (088497) Is plaintiff, who was operating a low-speed electric scooter at the time of the accident, a “pedestrian” under N.J.S.A. 39:6A-2(h), and therefore entitled to Personal Injury Protection benefits?
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A-12-23 Part-1
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A-12-23 Part-2
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A-11-23 Shlomo Hyman v. Rosenbaum Yeshiva of North Jersey (087994) Does the ministerial exception bar any tort claims raised by a former ministerial employee against a religious institution if those claims are related to the religious institution’s employment decision?
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A-11-23
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