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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-3-14 IMO the Estate of Adrian J. Folcher, Jr. (074590) In the context of this probate contest, was the trial court’s award of attorneys’ fees to the estate proper where the person who exerted “undue influence" on the decedent was not in the fiduciary position of executor or trustee?
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A-2-14 IMO the Expungement of the Criminal Record of G.P.B. (074541) Do multiple crimes committed over the course of two days constitute “a crime" for expungement purposes within the meaning of N.J.S.A. 2C:52-2(a), as opposed to “prior or subsequent crime[s]," which would preclude the expungement of any or all of them?
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A-1-14 Gold Medal Bakery, Inc. v. Super Bread II Corp. (074472) In the context of this suit alleging fraud and seeking to pierce the corporate veil, should a protective order be issued prohibiting inquiry into the immigration status of the owner and president of a corporate defendant?
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A-118-13 State v. David Bass (072669) Were the defendant’s state or federal confrontation rights violated by the testimony of an assistant medical examiner who referenced the findings of an autopsy that had been performed by a now-deceased medical examiner?
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A-117-13 K.G. v. M.S. (074527) In the context of an uncontested custody action seeking factual findings that will serve as a basis for Special Immigrant Juvenile status under the Federal Immigration and Nationality Act, U.S.C. § 1101-1537, did the lower courts err in determining that the petitioner had not established that "reunification with one or both of the immigrant's parents is not viable"?
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A-116-13 Torres v. Pabon (074307) Among other issues related to the trial of this personal injury matter, did defendant's failure to testify justify an adverse inference charge (State v. Clawans, 38 N.J. 20162 (1962)), under the circumstances presented?
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A-115-13 State v. Richard Willis (073908) Under the circumstances presented, was testimony of defendant's prior act of sexual assault admissible in this sexual assault trial, pursuant to N.J.R.E. 404(b), to prove defendant's intent?
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A-114-13 H.S.P. v. J.K. (074241) In the context of an uncontested custody action seeking factual findings that will serve as a basis for Special Immigrant Juvenile status under the Federal Immigration and Nationality Act, U.S.C. § 1101-1537, did the lower courts err in determining that the petitioner had not established that "reunification with one or both of the immigrant's parents is not viable"?
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Under the circumstances presented, were defendant's municipal mechanics' liens, filed pursuant to the Municipal Mechanics' Lien Law (N.J.S.A. 2A:44 128), barred by the County Improvement Authorities Law (N.J.S.A. 40:37A 127), and were defendant's construction liens, filed pursuant to the Construction Lien Law (N.J.S.A. 2A:44A 2), viable pursuant to that statute?
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A-112-13 State v. Howard Jones (073827) In this case involving a show-up identification shortly after the defendant allegedly exposed himself to the victim, did the Appellate Division properly apply the factors established in Manson v. Brathwaite, 432 U.S. 98, 12014, 97 S.Ct. 2243, 53 L.Ed. 2d 20140 (1977), to conclude that the victim's identification was not impermissibly suggestive?
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A-111-13 State v. Thomas Shannon (074315) When police make an arrest in good-faith reliance on a seemingly valid arrest warrant, must evidence arising from a search incident to the arrest be suppressed if the warrant is later discovered to be invalid due to a clerical error?
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A-110-13 Anthony C. Major v. Julie Maguire (074345) When adjudicating an application for grandparent visitation, under what circumstances must the trial court follow the procedural guidelines articulated in the Appellate Division's recent decision, R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014)?
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A-109-13 Department of Children and Families v. E.D.-O. (07392016) Did a parent fail to exercise the minimum degree of care required by N.J.S.A. 9:6-8.21(c)(4)(b) when she left her nineteen-month-old child unattended in a motor vehicle while she entered a nearby store?
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A-108-13 State v. R.P. (073796) Having determined that defendant’s conviction for first-degree aggravated sexual assault had to be vacated, was the Appellate Division required to mold the verdict to second-degree sexual assault under the circumstances presented?
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A-107-13 State v. Eugene C. Baum (073056) Did the jury instruction on mental disease or defect effectively negate the diminished capacity defense by blending the law on self-induced intoxication and mental disease or defect?
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A-105/106-13 State v. William Roseman and Lori Lewin (073674) Under the circumstances presented, should defendants have been permitted to apply for pretrial intervention (PTI) near the eve of trial, and, if so, was there a sufficient basis to admit defendants to PTI over the prosecutor’s objection?
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A-104-13 Thomas DeMarco v. Sean Robert Stoddard, D.PM. (073949) Where a medical malpractice insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of third parties, and, if so, what is the amount of coverage?
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A-103-13 Juan Soto v. Peter Bednarczuk (074125) Did plaintiff’s inability to locate and serve defendant present exceptional circumstances to warrant vacating the administrative dismissal of his claims for lack of prosecution?
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Under the circumstances presented, did the New Jersey Department of Transportation’s plan for proposed road improvements deny this commercial property owner reasonable access to its property?
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A-101-13 John Ross v. Karen A. Lowitz (074200) Where leaking oil migrated onto plaintiff’s property, did plaintiff have a viable nuisance action against his neighbor based on the neighbor’s failure to mitigate the contamination within a reasonable amount of time, and, where the neighbor’s insurance companies acknowledged an obligation to clean up plaintiff’s land, should plaintiff have been considered a third party beneficiary of the insurance contract?
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