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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-85/86-16 State v. Robert L. Evans (079144) Under the circumstances presented, did the “plain feel” exception to the warrant requirement justify defendant’s strip search?
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A-84-16 Kean Federation of Teachers v. Ada Morell (078926) Did the Board comply with the Open Public Meetings Act (“OPMA”) obligation to make meeting minutes “promptly available” to the public (N.J.S.A. 10:4-14) when it took ninety-four days and fifty-eight days, respectively, to release the minutes of two meetings; and did the Board violate the OPMA by failing to send notification to all of the employees whose employment status was scheduled to be affected by the action the Board took at its meeting?
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A-83-16 Gerardo Martinez v. Board of Trustees, Police and Firemen’s Retirement System (078823) Is a hostage situation resulting in the fatal shooting of the suspect an undesigned and unexpected traumatic event for a police hostage negotiator, so as to satisfy the traumatic-event standard for the award of accidental disability retirement benefits?
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A-82-16 Cherokee LCP Land, LLC v. City of Linden Planning Board (079146) Do plaintiffs have a sufficient interest in the property adjacent to the property to be developed (the development property), such that they have standing to challenge the municipal planning board’s site plan approval for the development property?
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A-81-16 Greg Noren v. Heartland Payment Systems, Inc. (079169) Under the circumstances, which included the Appellate Division’s reversal and remand for a jury trial on plaintiff’s claim for violation of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, did the Appellate Division err in its disposition of the trial court’s award of fees to defendant?
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A-80-16 State v. Tariq S. Gathers (079274) Can the State compel defendant to provide a buccal swab for DNA testing where defendant previously provided his DNA to the State in connection with a prior conviction?
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Were these licensed motor vehicle dealers entitled to contested case hearings prior to the imposition of license suspensions and fines for their failure to comply with Motor Vehicle Commission regulations?
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A-71-16 Freedom from Religion Foundation v. Morris County Board of Chosen Freeholders (079277) Does the County’s voter-approved program providing grants to non-profit organizations that own buildings on the state or federal historic register, including churches and other religious institutions, violate Article I, paragraph 3 of the New Jersey Constitution? [Note: This appeal has been accelerated by order of the Court dated 6/2/17 and by subsequent amended scheduling orders. Any motion for leave to appear amicus curiae shall be served and filed with the proposed amicus brief on or before 7/17/17, and any answer shall be served and filed with the proposed brief in response on or before 8/18/17. No further submissions, beyond the parties’ supplemental briefs as authorized by the Court’s order, shall be accepted unless requested by the Court.]
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A-70-16 State v. Julian B. Hamlett (079145) Did police improperly search defendant’s center console while looking for the vehicle's registration and rental agreement; and, did the municipal court judge err in issuing a warrant to search defendant’s motel room?
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A-69-16 Lucia Serico v. Robert M. Rothberg, M.D. (079041) Did plaintiff waive her right to pursue attorney’s fees, pursuant to the offer of judgment rule (R. 4:58-1 to -6), by entering into a high-low agreement without expressly reserving her right to recover fees?
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A-68-16 RSI Bank v. The Providence Mutual Fire Insurance Company (079116) May the victim of an alleged crime pursue a civil action to enforce a criminal restitution order entered as a condition in a Pre-Trial Intervention (PTI) agreement?
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A-67-16 State in the Interest of A.R., a Minor (078672) Was defendant denied his right to confrontation when the trial court allowed the prosecution to present the minor victim’s hearsay statements at trial, despite finding that the victim was not competent to testify under the criteria of N.J.R.E. 601?
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A-66-16 Janell Brugaletta v. Calixto Garcia, D.O. (079056) Does the absolute privilege of documents developed as part of a hospital’s self-critical analysis, pursuant to the Patient Safety Act (the Act), N.J.S.A. 26:2H-12.23 to -12.25, apply to the documents at issue in this medical malpractice action?
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A-63/64/65-16 State v. James E. Jones and Likisha Jones (077964) Did the DNA exception to the statute of limitations apply (N.J.S.A. 2C:1-6(c)), such that the five-year limitations period did not bar defendants’ prosecution (see also State v. Gary Twiggs, A-51-16); and, did defendants’ conduct over ten years make the conspiracy a continuing offense, such that the statute of limitations was not a bar to prosecution?
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A-62-16 William J. Brennan v. Bergen County Prosecutor’s Office (078074) Does the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common law, compel the disclosure of documents containing the names and addresses of persons who successfully bid at an auction of public property?
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A-61-16 State v. Isaac Young (078862) Did defendant commit the offense of encouraging the release of a confidential child abuse record (N.J.S.A. 9:6-8.10b), where he received the confidential records in an anonymous letter?
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A-60-16 State v. S. N. (079320) Did the trial court err in granting the State’s motion for pretrial detention, pursuant to the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26; and, if so, did the appellate panel properly establish conditions for defendant’s release in reversing that order? [Note: This appeal is scheduled for oral argument for the session of September 11-12, 2017. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before 6/19/17. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before 7/19/17. No further submissions, beyond the parties’ supplemental briefs as authorized by the Court’s order, shall be accepted unless requested by the Court.]
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A-59-16 Saint Peter’s University Hospital, Inc. v. Horizon Healthcare Services, Inc. (079097) In this action concerning defendant’s implementation of the OMNIA two-tiered provider network, did the trial court err in ordering the production of certain discovery, which defendant contends was inconsistent with the Appellate Division’s judgment now on review before the Supreme Court in Capital Health System, Inc. v. Horizon Healthcare Services, Inc.; Saint Peter’s University Hospital v. Horizon Healthcare Services, Inc. (A-29/30-16)? [Note: This appeal has been accelerated by order of the Court dated 4/13/17. Any motion for leave to appear amicus curiae shall be served and filed with the proposed amicus brief on or before 5/5/17, and any answer shall be served and filed with the proposed brief in response on or before 5/19/17. The matter shall be scheduled for argument on June 20, 2017, and argued back-to-back with A-29/30-16.]
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A-58-16 State v. Eileen Cassidy (078390) What impact, if any, does a failure to test the simulator solutions with the NIST-traceable digital thermometer before calibrating an Alcotest machine have on the results of a breath test performed on that machine? [Note: This matter is remanded to a special master, Judge Joseph F. Lisa, J.A.D. , currently serving on recall, to consider and decide the following question, along with any other questions that Judge Lisa, in his discretion, deems relevant: “Does the failure to test the simulator solutions with the NIST-traceable digital thermometer before calibrating an Alcotest machine undermine or call into question the scientific reliability of breath tests subsequently performed on the Alcotest machine?” All motions to participate in the remand must be served and filed with the Special Master on or before May 8, 2017.]
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Is a consumer who receives a contract that does not comply with the Delivery of Household Furniture and Furnishings Regulations (Furniture Delivery Regulations), N.J.A.C. 13:45A-5, but has not suffered any adverse consequences from the noncompliance, an “aggrieved consumer” under the Truth-in-Consumer Contract Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-17; and, does a violation of the Furniture Delivery Regulations alone constitute a violation of a clearly established right or responsibility of the seller under the TCCWNA and thus provide a basis for relief under the TCCWNA?
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