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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-31/32-16 John Giovanni Granata v. Edward F. Broderick, Jr. (078207)

Among other issues, can an attorney’s pledge of anticipated counsel fees be considered a security interest under Article 9 of the Uniform Commercial Code?

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  • Certification granted : Jan. 26, 2017
  • Posted: Jan. 27, 2017
  • Argued: Oct. 24, 2017
  • Decided: Nov. 14, 2017

A-29/30-16 Capital Health System, Inc. v. Horizon Healthcare Services, Inc.; Saint Peter’s University Hospital v. Horizon Healthcare Services, Inc. (077998)

In this action concerning defendant’s implementation of the OMNIA two-tiered provider network, may defendant redact certain information as confidential and proprietary before producing documents in discovery?

[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.]

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  • Leave to appeal granted : Jan. 26, 2017
  • Posted: Jan. 27, 2017
  • Argued: June 20, 2017
  • Decided: July 24, 2017

A-28-16 State v. Tormu E. Prall (078169)

In this trial for murder and arson, did the trial court err in admitting testimony about defendant's prior threats and in its handling of testimony concerning the victim's belief that defendant started the fire?

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  • Leave to appeal granted : Jan. 20, 2017
  • Posted: Jan. 20, 2017
  • Argued: Oct. 23, 2017
  • Decided: Jan. 31, 2018

A-27-16 New Jersey Division of Child Protection and Permanency v. A.B. (077664)

Did defendant abuse or neglect her sixteen-year-old daughter by refusing to permit her daughter to live in the family home after she ran away?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Jan. 13, 2017
  • Argued: Sept. 26, 2017
  • Decided: Dec. 21, 2017

A-26-16 State v. Alberto Martinez (078462)

Under the circumstances presented, did the police violate defendant's right to counsel and his right to remain silent?

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  • Certification granted : Jan. 13, 2017
  • Posted: Jan. 13, 2017
  • Argued: Oct. 10, 2017
  • Dismissed as improvidently granted : Oct. 12, 2017

A-25-16 State v. Rolando Terrell (077730)

Did numerous alleged errors, including purported errors concerning the exclusion of testimony by a defense expert regarding the scientific research on voice identification, deprive defendant of a fair trial?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Dec. 12, 2016
  • Argued: Sept. 25, 2017
  • Decided: Nov. 29, 2017

A-24-16 State v. Noah Mosley (078369)

Did the trial court err in accepting hearsay testimony as proof that defendant committed a new offense in violation of probation

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  • Certification granted : Dec. 12, 2016
  • Posted: Dec. 12, 2016
  • Argued: Nov. 29, 2017
  • Decided: March 6, 2018

A-23-16 State v. Ornette M. Terry (077942)

Under the circumstances presented, did the officer's search of the vehicle for credentials exceed the bounds of a permissible motor vehicle search?

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  • Certification granted : Dec. 12, 2016
  • Posted: Dec. 12, 2016
  • Argued: Oct. 11, 2017
  • Decided: March 14, 2018
  • Corrected : March 16, 2018

A-22-16 American Civil Liberties Union of New Jersey v. Rochelle Hendricks (077885)

Did the award of public grants to these two sectarian institutions of higher education violate the Free Exercise Clause of the New Jersey Constitution?

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  • Certification granted : Dec. 12, 2016
  • Posted: Dec. 12, 2016
  • Argued: Oct. 23, 2017
  • Decided: May 2, 2018

A-21-16 Continental Insurance Company v. Honeywell International, Inc (078152)

In this action regarding the allocation of insurance coverage for personal injury asbestos claims, does New Jersey law apply and must defendant assume its own risk for the period after 1987 when coverage for such claims was no longer available?

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  • Certification granted : Dec. 12, 2016
  • Posted: Dec. 12, 2016
  • Argued: Oct. 24, 2017
  • Decided: June 27, 2018

A-20-16 Philip Vitale v. Schering-Plough Corporation (078294)

Is a provision in an employment contract that limits a worker's right to sue a third party for negligence enforceable?

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  • Certification granted : Dec. 12, 2016
  • Posted: Dec. 12, 2016
  • Argued: Sept. 26, 2017
  • Decided: Dec. 11, 2017

A-18/19-16 Richard Catena v. Raytheon Company (078285)

Were plaintiff's claims of fraud pertaining to the transfer of property barred by the statute of limitations, or did the discovery rule apply under the circumstances presented?

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  • Certification granted : Dec. 2, 2016
  • Posted: Dec. 6, 2016
  • Argued: Nov. 6, 2017
  • Dismissed as improvidently granted : Nov. 16, 2017

A-17-16 John Paff v. Ocean County Prosecutor's Office (078040)

Among other issues, does this police vehicle's video recording of an arrest fall within the 'criminal investigatory records' exemption to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13; and, if the video recording is subject to disclosure, can the arrestee's privacy-based objection justify withholding the recording?

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  • Appeal as of right (Appellate Division dissent) and certification granted : Dec. 2, 2016
  • Posted: Dec. 6, 2016
  • Argued: Feb. 27, 2018
  • Decided: Aug. 13, 2018

A-16-16 EQR-LPC Urban Renewal North Pier, LLC v. City of Jersey City (078268)

Do the 2003 amendments to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 to -22 apply to these tax abatement financial agreements entered into in 2000 and 2001?

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  • Leave to appeal granted : Nov. 14, 2016
  • Posted: Nov. 14, 2016
  • Argued: Oct. 11, 2017
  • Decided: Nov. 15, 2017

A-15-16 State in the Interest of C.K. (077672)

Does the imposition of the Megan's Law lifetime registration requirements, pursuant to N.J.S.A. 2C:7-2(g), violate the constitutional rights of juvenile offenders?

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  • Certification granted : Nov. 3, 2016
  • Posted: Nov. 3, 2016
  • Argued: Sept. 25, 2017
  • Decided: April 24, 2018

A-14-16 State v. Ryan Sutherland (077807)

Under the circumstances presented, was the officer justified in stopping defendant's vehicle for having an inoperable tail light?

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  • Certification granted : Nov. 3, 2016
  • Posted: Nov. 3, 2016
  • Argued: Oct. 10, 2017
  • Decided: Jan. 11, 2018

A-13-16 State v. Fernando Carrero, Jr. (078071)

Did the evidence elicited in this trial for first-degree murder support a jury charge on passion/provocation manslaughter?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Oct. 28, 2016
  • Argued: March 13, 2017
  • Decided: May 22, 2017

A-12-16 A.T. v. M. Cohen, M.D. (077821)

In this medical malpractice action filed on behalf of a child, did the trial court err in concluding that it lacked the discretion to grant plaintiff's motion to voluntarily dismiss the complaint?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Oct. 28, 2016
  • Argued: Sept. 25, 2017
  • Decided: Dec. 14, 2017

A-11-16 Edan Ben Elazar v. Macrietta Cleaners, Inc. (078079)

Under the circumstances presented, did plaintiff's file a timely notice of claim (pursuant to the New Jersey Tort Claims Act) against the Township of Cranford?

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  • Leave to appeal granted : Oct. 28, 2016
  • Posted: Oct. 28, 2016
  • Argued: April 24, 2017
  • Decided: July 26, 2017

A-10-16 State v. Alexis Sanchez-Medina (077883)

Was defendant's immigration status admissible for impeachment purposes; and was defendant entitled to a jury instruction on identification?

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  • Certification granted : Oct. 14, 2016
  • Posted: Oct. 14, 2016
  • Argued: Oct. 10, 2017
  • Decided: Jan. 18, 2018