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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-5-18 State v. Joey J. Fowler and Jamil L. Hearns (080880)

Did the trial court’s failure to provide jury instructions on self-defense and lesser-included offenses require reversal of defendants’ convictions?

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  • Certification granted : Sept. 28, 2018
  • Posted: Sept. 28, 2018
  • Argued: March 25, 2019
  • Decided: July 30, 2019

A-3/4-18 Janell Goffe v. Foulke Management Corp.; Sasha Robinson and Tijuana Johnson v. Mall Chevrolet (081258)

Were defendants entitled the dismissal of plaintiffs’ complaints based on the arbitration provisions of the sales contracts under the circumstances presented?

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  • Certification granted : Sept. 28, 2018
  • Posted: Sept. 28, 2018
  • Argued: Feb. 25, 2019
  • Decided: June 5, 2019

A-2-18 State v. Terrel L. Hyman (080851)

Did the officer’s affidavit establish probable cause to issue a search warrant for defendant’s home, where the affidavit did not include a reference to criminal activity conducted at or near defendant’s residence?

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  • Certification granted : Sept. 24, 2018
  • Posted: Sept. 25, 2018
  • Argued: Feb. 26, 2019
  • Dismissed as improvidently granted : March 6, 2019

A-1-18 Garden State Check Cashing Service, Inc. v. State of New Jersey Department of Banking and Insurance (081044)

Under the circumstances presented, was New Loan Co., Wm. S. Rich & Son, Inc. exempt from the statute prohibiting a check cashing business from locating within 2,500 feet of another, N.J.S.A. 17:15A-41(e), by operation of the statute’s “Grandfather Clause,” N.J.S.A. 17:15A-50(a)?

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  • Certification granted : Sept. 24, 2018
  • Posted: Sept. 25, 2018
  • Argued: Feb. 25, 2019
  • Decided: May 1, 2019

A-80-17 State v. Rene M. Rodriguez (081046)

Can a defendant who is convicted of fourth-degree operating a motor vehicle during the period of license suspension in violation of N.J.S.A. 2C:40-26, serve the 180-day minimum sentence intermittently, or must the 180 days be served without interruption?

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  • Certification granted : Aug. 1, 2018
  • Posted: Aug. 2, 2018
  • Argued: March 12, 2019
  • Decided: May 21, 2019

A-79-17 State v. Keith V. Cuff (080753)

Was defendant entitled to a new trial because of the omission on the verdict sheet of the charge of second-degree kidnapping, and did the trial court abuse its discretion by imposing consecutive sentences?

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  • Certification granted : Aug. 1, 2018
  • Posted: Aug. 2, 2018
  • Argued: Feb. 25, 2019
  • Decided: Aug. 6, 2019

A-78-17 US Masters Residential Property (USA) Fund v. New Jersey Department of Environmental Protection (081137)

Among other issues, did claimant sustain its burden of showing that it was entitled to reimbursement under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24?

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  • Certification granted : Aug. 1, 2018
  • Posted: Aug. 2, 2018
  • Argued: March 11, 2019
  • Decided: July 29, 2019

A-77-17 State v. Rasul McNeil-Thomas (080758)

Among other issues, was defendant entitled to a new trial based on the prosecutor’s summation, which included the presentation of video surveillance footage and the prosecutor’s comments on that footage?

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  • Certification granted : July 20, 2018
  • Posted: July 20, 2018
  • Argued: Jan. 3, 2019
  • Decided: June 18, 2019

A-76-17 State v. A.M (080744)

Was defendant entitled to suppress his inculpatory statement under the circumstances presented, including the participation of a police officer serving, in part, as an interpreter of defendant’s interrogation?

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  • Certification granted : July 20, 2018
  • Posted: July 20, 2018
  • Argued: Jan. 15, 2019
  • Decided: April 1, 2019

A-75-17 Beryl Zimmerman and Judy Comment v. Sussex County Educational Services Commission (080861)

Did the defendant-employer violate the tenure rights of plaintiffs, part-time teachers, by substantially decreasing their work hours under the circumstances presented?

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  • Certification granted : July 11, 2018
  • Posted: July 11, 2018
  • Argued: Jan. 14, 2019
  • Decided: April 30, 2019

A-74-17 Patricia Engrassia v. Erick Uzcategui (080709)

Was plaintiff entitled to coverage under the dealer’s insurance policies for injuries sustained as a result of the defendant’s negligent operation of the dealer’s loaned vehicle?

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  • Certification granted : July 11, 2018
  • Posted: July 11, 2018
  • Argued: Jan. 15, 2019
  • Dismissed by Order : March 26, 2019

A-73-17 State v. Rafael Camey (080574)

Was DNA evidence from defendant’s buccal swab admissible pursuant to the inevitable discovery doctrine?

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  • Leave to appeal granted : June 22, 2018
  • Posted: June 22, 2018
  • Argued: Jan. 2, 2019
  • Decided: Aug. 1, 2019

A-72-17 In the Matter of Corey Corbo, Union City Police Department (081005)

Was there competent evidence adduced at the hearing to prove the police officer’s ingestion of cocaine and, if not, is the police department entitled to a remand to correct the evidentiary deficiencies?

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  • Certification granted : June 15, 2018
  • Posted: June 18, 2018
  • Argued: Jan. 14, 2019
  • Decided: June 17, 2019

A-71-17 Frank Caraballo v. City of Jersey City Police Department (080467)

Under the circumstances presented, can plaintiff maintain a claim of failure to accommodate under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49, based on the denial of a benefit in a contemporaneous workers’ compensation matter?

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  • Certification granted : June 15, 2018
  • Posted: June 18, 2018
  • Argued: Jan. 29, 2019
  • Decided: March 25, 2019

A-70-17 State v. Michael D. Miller (079342)

Did the application of aggravating factor one amount to impermissible double-counting for the purpose of defendant’s sentence; and do defendant’s convictions for fourth-degree possession of child pornography and second-degree distribution of child pornography merge?

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  • Certification granted : June 15, 2018
  • Posted: June 18, 2018
  • Argued: Nov. 28, 2018
  • Decided: Feb. 20, 2019

A-69-17 Pamela O’Donnell v. New Jersey Turnpike Authority (080735)

Was the failure of plaintiffs’ first attorney to serve a timely tort claim notice against defendant an extraordinary circumstance justifying plaintiffs’ late tort claim notice under N.J.S.A. 59:8-9?

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  • Certification granted : May 21, 2018
  • Posted: May 21, 2018
  • Argued: Nov. 28, 2018
  • Decided: Jan. 14, 2019

A-68-17 Vincent and Rose Mary Piscitelli v. City of Garfield Zoning Board of Adjustment, et al. (079900)

Did alleged conflicts of interests of some members of the Zoning Board of Adjustment render the Board’s grant of a land use application invalid?

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  • Certification granted : May 21, 2018
  • Posted: May 21, 2018
  • Argued: Nov. 28, 2018
  • Decided: March 27, 2019

A-66/67-17 All The Way Towing, LLC and Chayim Goodman v. Bucks County International, Inc. and Dynamic Towing Equipment and Manufacturing, Inc. (080700)

Does Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, apply to this sale of a custom-built tow truck; and did the Appellate Division err by failing to address whether plaintiff established the elements of a claim under the CFA?

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  • Certification granted : May 4, 2018
  • Posted: May 4, 2018
  • Argued: Nov. 27, 2018
  • Decided: Jan. 24, 2019

A-65-17 Cynthia M. Blake v. Board of Review (080198)

Was claimant disqualified from obtaining unemployment benefits, pursuant to N.J.S.A. 43:21-5(a), as amended in 2015, where she resigned her job in order to accept a new position, but never commenced work in the new position because it was no longer available?

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  • Certification granted : April 26, 2018
  • Posted: April 27, 2018
  • Argued: Jan. 14, 2019
  • Decided: April 29, 2019

A-64-17 State v. Lawrence Carter, Jr. (079949)

Read Order

Was defendant entitled to the suppression of weapons found in his car, where officers searched for defendant’s registration and insurance information, despite earlier having discovered that the car was registered to defendant; and, did the trial court adequately analyze defendant’s claim that the prosecutor impermissibly exercised preemptory challenges based on race?

  • Certification granted : April 26, 2018
  • Posted: April 27, 2018
  • Decided by Order (remanded; jurisdiction not retained) : May 30, 2018