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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-63-15 State v. James Comer (077318)

Does defendant's aggregate sentence, imposed for a homicide offense among other charges, violate the proscriptions of Miller v. Alabama, 132 S.Ct. 2455 (2012) and other authority regarding sentences of juvenile offenders?

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  • Certification granted : March 29, 2016
  • Posted: March 30, 2016
  • Argued: Oct. 27, 2016
  • Decided: Jan. 11, 2017

A-62-15 State v. William R. Joe (077034)

Is a defendant entitled to jail credit for pre-sentence time in custody in another state while under indictment in New Jersey?

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  • Certification granted : March 18, 2016
  • Posted: March 18, 2016
  • Argued: Nov. 29, 2016
  • Decided: March 7, 2017

A-61-15 State v. Keith Carson (076999)

Read Order

Does counsel's admitted failure to file an appeal satisfy both prongs of Strickland v. Washington, 466 U.S. 668 (1984) – i.e., (1) counsel's performance was deficient, and (2) counsel's errors prejudiced defendant—thereby establishing defendant's claim of ineffective assistance of counsel?

  • Certification granted : March 18, 2016
  • Posted: March 18, 2016
  • Decided by Order : Sept. 8, 2016

A-60-15 Domenick Catrambone v. Bally's Park Place (076953)

Under the circumstances presented, did the Division of Workers' Compensation err in awarding the petitioner an increase in disability for one of his two conditions?

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  • Certification granted : March 14, 2016
  • Posted: March 14, 2016
  • Argued: Nov. 29, 2016
  • Decided Dismissed as improvidently granted : Dec. 6, 2016

A-59-15 State v. Alexis Ramos (076951)

Among other issues pertaining to defendant's conviction, did alleged prosecutorial misconduct deprive defendant of a fair trial?

  • Certification granted : March 14, 2016
  • Posted: March 14, 2016
  • Decided Dismissed as improvidently granted : Jan. 3, 2017

A-58-15 State v. James P. Kucinski (076798)

Did the prosecutor's cross-examination relating to defendant's silence and lack of detail provided to the police during his post-arrest interrogation violate defendant's right to remain silent and/or deprive him of a fair trial?

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  • Certification granted : March 14, 2016
  • Posted: March 14, 2016
  • Argued: Oct. 26, 2016
  • Decided: Jan. 30, 2017

A-57-15 Bound Brook Board of Education v. Glenn Ciripompa (076905)

In this teacher-tenure arbitration matter, was the arbitrator’s reliance on Lehmann v. Toys ‘R’ Us, 132 N.J. 587 (1993) in dismissing the Board’s second charge of inappropriate and unprofessional conduct grounds for vacating the arbitrator’s award?

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  • Certification granted : March 14, 2016
  • Posted: March 14, 2016
  • Argued: Nov. 9, 2016
  • Decided: Feb. 21, 2017

A-56-15 State v. C.H. (076535)

Where defendant is arrested for charges that give rise to multiple indictments, and later is sentenced to consecutive terms of incarceration for those crimes, does State v. Hernandez, 208 N.J. 24 (2011) compel an award of jail credit on both indictments?

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  • Certification granted : March 14, 2016
  • Posted: March 14, 2016
  • Argued: Oct. 13, 2016
  • Decided: March 7, 2017

A-55-15 IMO Registrant A.D.; IMO Registrant J.B.; IMO Registrant C.M (076345)

Did the offenses committed by these Megan's Law registrants fall within the definition of "offense" as it pertains to N.J.S.A. 2C:7-2f, which permits a court to terminate a registrant's obligations if he or she "has not committed an offense within 15 years following conviction or release"?

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  • Certification granted : Feb. 12, 2016
  • Posted: Feb. 12, 2016
  • Argued: Jan. 18, 2017
  • Decided: Feb. 7, 2017

A-54-15 State v. Ricky Zuber (076806)

Does defendant's aggregate sentence, imposed for nonhomicide offenses committed in 1981, violate the proscriptions of Graham v. Florida, 560 U.S. 48 (2010) regarding sentences of juvenile offenders?

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  • Certification granted : Feb. 12, 2016
  • Posted: Feb. 16, 2016
  • Argued: Oct. 27, 2016
  • Decided: Jan. 11, 2017

A-52-15 Ryan Saul v. Township of Manchester (076954)

Did the trial court err in denying defendant's motion to dismiss plaintiff's action in lieu of prerogative writs, which was filed beyond the ten-day period required by N.J.S.A. 40A:14-150?

  • Certification granted : Feb. 12, 2016
  • Posted: Feb. 12, 2016
  • Dismissed by stipulation of the parties : Dec. 13, 2016

A-51-15 Michael J. Thieme v. Bernice F. Aucoin-Thieme (076683)

Did the trial court err in calculating the equitable distribution of this one-time payment based on the parties' fourteen months of marriage, rather than the eight years of cohabitation that preceded the marriage?

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

A-50-15 State v. J.R. (076694)

Did the State's expert testimony exceed the permissible scope of Child Sexual Abuse Accommodation Syndrome (CSAAS) testimony?

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  • Certification granted : Feb. 12, 2016
  • Posted: Feb. 12, 2016
  • Argued: Oct. 13, 2016
  • Decided: Jan. 9, 2017

A-47/48/49-15 State v. Shaquille A. Nance; State v. Taja L. Willis Bolton; State v. Alvin D. Williams (076626)

Where the State moved for a Graves Act waiver under N.J.S.A. 2C:43-6.2, did the sentencing judge have discretion to impose a probationary term or was the court required to impose a one-year parole disqualifier as agreed by the State?

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  • Certification granted : Jan. 29, 2016
  • Posted: Feb. 1, 2016
  • Argued: Nov. 7, 2016
  • Decided: April 5, 2017

A-46-15 State v. Rodney Bull (075919)

Should the holding of State v. Hudson, 209 N.J. 513 (2012), be given retroactive effect and therefore require that defendant's extended-term sentence, imposed in 1992, be vacated?

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  • Certification granted : Jan. 29, 2016
  • Posted: Feb. 1, 2016
  • Argued: Oct. 11, 2016
  • Decided: Jan. 23, 2017

A-45-15 State v. D.M (075914)

Did the trial court improperly permit the prosecutor to question defendant about evidence that previously had been ruled inadmissible under N.J.R.E. 404(b); were the trial court's limiting instructions on this evidence improper; and did the prosecutor's statements during summation about this evidence constitute misconduct?

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  • Certification granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Nov. 29, 2016
  • Dismissed as improvidently granted : Dec. 6, 2016

A-44-15 NL Industries, Inc. v. State (076550)

Is the State entitled to dismissal of plaintiff's action, which seeks recovery of cleanup damages associated with lead contamination pursuant to the Spill Compensation and Control Act?

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  • Leave to appeal granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Oct. 26, 2016
  • Decided: March 27, 2017

A-43-15 State v. Kassey Benjamin (076612)

Does a defendant seeking a waiver of a mandatory sentence under the Graves Act have the right to discovery of the prosecutor's files on previous applications for Graves Act waivers?

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  • Certification granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Nov. 7, 2016
  • Decided: April 5, 2017

A-42-15 State v. DeShaun P. Wilson (076609)

Were defendant's confrontation rights violated by the admission into evidence of a map to establish the crime of distribution of CDS within 500 feet of a public park?

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  • Certification granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Oct. 11, 2016
  • Decided: Jan. 19, 2017

A-41-15 State v. Corey Hallett (076343)

Were defendant's Miranda rights violated by police questioning about whether he resided at the address where drugs were found?

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  • Certification granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Sept. 26, 2016
  • Dismissed as improvidently granted: 10/05/2016 : Jan. 19, 2017