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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-38-20 Fred Walfish v. Northwestern Mutual Life Insurance Company (084836) Does the statutory exception to the New Jersey Unemployment Compensation Act’s definition of “employment” for “[s]ervice performed . . . by agents of insurance companies . . . wholly on a commission basis,” N.J.S.A. 43:21–19(i)(7)(J), apply to determinations of whether workers are employees or independent contractors under New Jersey’s Wage Payment Law?
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A-35/36/37-20 G.C. v. Division of Medical Assistance and Health Services (084417) Does N.J.A.C. 10:72-4.4(d)(1), which renders an applicant ineligible for medical assistance benefits under the NJ Medicaid Aged, Blind, Disabled Program if the applicant’s countable income “exceeds the poverty income guideline for one person,” conflict with the New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-3(i)(11), or the federal Medicaid statute, 42 U.S.C. § 1396(m)(2)(A)?
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A-34-20 Libertarians for Transparent Government v. Cumberland County (084956) Is a settlement agreement between a county government and a former employee resolving an internal disciplinary action against the employee a government record under section 10 of the Open Public Records Act, N.J.S.A. 47:1A-10?
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A-34-20
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A-33-20 State v. Omar Vega-Larregui (085288) Should the indictment against defendant be dismissed on constitutional grounds, specifically on the basis that it was returned by a Grand Jury proceeding conducted remotely, pursuant to the Virtual Grand Jury Program adopted in response to the COVID-19 pandemic? [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 2/10/2021. Any amicus filings should be sent to the Clerk’s Office by email. 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-33-20
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M-550-20 In the Matter of the Request to Release Certain Pretrial Detainees (085186) Through this application, the Court considers a request by the Office of the Public Defender and the American Civil Liberties Union of New Jersey that seeks relief relating to the impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. Specifically, the applicants seek: (1) the release of all defendants detained for six months or longer whose most serious charge is a second-degree offense or lower, with an opportunity for the State to object in individual cases and seek to justify continued detention under an enhanced burden of proof; and (2) new detention hearings for all defendants detained for six months or longer who are charged with a first-degree offense and entitled to a presumption of release.
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M-550-20
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A-32-20 Brenda Gilbert v. Kenyatta K. Stewart, Esq. (084860) In this legal malpractice action, was defendant entitled to summary judgment on the grounds that his breach of the duty of care owed to plaintiff was not the proximate cause of her damages?
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A-32-20
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A-31-20 State v. Carl L. Moore (084345) Should defendant, who was charged with unlawful possession of a handgun, have been permitted to present historical context testimony, namely that he did not knowingly possess the gun because it was “planted” on him by members of a gang in retaliation for defendant’s prior cooperation with law enforcement?
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Among other challenges to the adoption of these Directives, does the Attorney General have the authority to require public disclosure of the names of police officers assessed “major discipline”? [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 December 15, 2020. 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-25-20 State v. David Chavies (084999) Did defendant satisfy the medical predicates for relief under Rule 3:21-10(b)(2), and is a defendant barred from release under Rule 3:21-10(b)(2) while serving a mandatory period of parole ineligibility? [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 12/21/2020. 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-25-20
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A-24-20 In the Matter of Registrant J.D.-F. (084397) Does N.J.S.A. 2C:7-2(g) apply to a defendant who committed an offense before the statute’s enactment but was sentenced afterwards?
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A-24-20
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A-23-20 Armando Rios, Jr. v. Meda Pharmaceutical, Inc. (084746) In this action in which plaintiff asserted that his supervisor’s use of racial slurs on two occasions created a hostile work environment in violation of the New Jersey Law Against Discrimination, were there material issues of fact that precluded the grant of summary judgment to defendants?
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A-23-20
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A-22-20 State v. Tywaun S. Hedgespeth (084892) Was it harmless error for the trial court to determine that defendant’s prior convictions could be used to impeach him under N.J.R.E. 609 where that determination resulted in defendant’s decision not to testify, and did the admission of an affidavit certifying the nonexistence of a gun permit without testimony by the affiant violate the Confrontation Clause?
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A-22-20
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A-21-20 State v. Michael Konecny (084880) Can a defendant’s past uncounseled convictions for driving while intoxicated (DWI) support a conviction under N.J.S.A. 2C:40-26(b), which prohibits driving during a period of license suspension imposed following a second or subsequent conviction for DWI?
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A-21-20
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A-20-20 State v. Laquan Harris (084631) In this post-conviction relief proceeding, did defendant show that he received ineffective assistance of trial counsel entitling him to a new trial?
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A-20-20
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A-19-20 Estate of Hiram A. Gonzalez v. The City of Jersey City (084381) Were the actions of the police officers ministerial in nature such that they were not immune from liability under the Tort Claims Act?
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A-18-20 Baffi Simmons v. Wendy Mercado (084695) Are complaints and summonses in the State’s Electronic Complaint Disposition Record (ECDR) system subject to production under the Open Public Records Act?
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A-18-20
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A-17-20 Bonay Goldhagen v. Susan Pasmowitz (084668) Does the strict liability dog bite statute, N.J.S.A. 4:19-16, have an assumption of the risk exception for independent contractors?
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A-17-20
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A-15/16-20 State v. Bennie Anderson (084365) Was the forfeiture of this public employee’s pension a fine that implicates the Excessive Fines Clause of the Eighth Amendment to the United States Constitution and Article I, Paragraph 12 of the New Jersey Constitution, and if so, what factors should courts consider when assessing whether pension forfeiture is excessive?
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A-15/16-20
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A-14-20 State v. Jose Carrion (084390) Did the failure of the arresting officers to apprise defendant of his Miranda rights prior to his initial statements in his apartment preclude the admission of his subsequent warned statements at the police station; and did the admission of an affidavit certifying the nonexistence of a gun permit without testimony by the affiant violate the Confrontation Clause?
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A-14-20
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A-13-20 State v. Michelle Paden-Battle (084603) Did the jury’s verdict acquitting defendant of murder, conspiracy to commit murder, and weapons offenses preclude the sentencing court from finding that defendant ordered the victim’s execution?
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A-13-20
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