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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-79/80-13 State v. Evan Reece (073284) Were police officers permitted to enter defendant's residence pursuant to the emergency aid doctrine, and could defendant be charged with resisting arrest or obstructing the administration of law under the circumstances presented?
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A-78-13 State v. Humfrey A. Musa (073268) Where a juror failed to appear for a second day of deliberations, did the trial court err in substituting a replacement without first exploring with the remaining jurors why the absent juror may have failed to return, and was an identification instruction required under the circumstances?
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A-77-13 Robert Occhifinto v. Olivo Construction Co., LLC (073174) Under the circumstances presented in this appeal, were plaintiffs entitled to attorney’s fees as successful claimants pursuant to Rule 4:42-9(1)(6)?
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A-76-13 State v. Al-Tariq-Wardrick (073078) Did the Appellate Division err in affirming defendant’s conviction in light of another panel’s reversal of his co-defendant’s conviction arising out of the same trial and alleged error, and did the trial court err in failing to set aside defendant’s conviction for first-degree robbery?
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A-74/75-13 State v. Jamil McKinney (073070) Was the trial court’s jury instruction on first-degree robbery improper, and, if so, did it require reversal of defendant’s conviction for armed robbery?
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A-71/72/73-13 Honorable Dana L. Redd v. Vance Bowman (073567) Was this petition-initiated ordinance (which would have required the City of Camden to maintain its municipal police department) invalid, such that it could not be placed on the ballot, because it created an undue restraint on the future exercise of municipal legislative power?
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A-70-13 Allstate New Jersey Ins. Co. v. Gregorio Lajara (073511) Is there is a right to a jury trial in a private action brought under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30?
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A-69-13 State v. Dontae Hathaway (073770) Was it proper to suppress evidence of a handgun obtained during a warrantless search of a hotel room under the circumstances of this case, which included, among other things, an unidentified victim’s face-to-face report to hotel security officers that he was robbed at gunpoint on a particular floor of the hotel?
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A-68-13 State v. Ivonne Saavedra (073793) Can defendant be indicted for theft and official misconduct for taking confidential documents from her public employer, North Bergen Board of Education, to support her claims under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -2014?
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A-67-13 Citizens United Reciprocal Exchange v. Sabrina A. Perez (073384) Where a basic automobile insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of innocent third parties, and, if so, must those payments comport with the mandatory minimum liability insurance coverage provisions of N.J.S.A. 39:6A-3?
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A-65/66-13 Joel S. Lippman, M.D. v. Ethicon, Inc (073324) Can employees who are responsible for monitoring and reporting on employer compliance with relevant laws and regulations – so-called “watchdog employees" – seek whistleblower protection under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq., and, if so, under what circumstances?
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A-64-13 State v. Ricky Wright (073137) Did the third-party intervention doctrine apply under these circumstances to allow police to search this private residence without a warrant?
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A-63-13 388 Route 22 Readington Realty v. Twp. of Readington (073322) Did the defendant Township have adequate standards to guide it in determining whether to exercise its discretion to reallocate unused sewer rights?
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A-62-13 State v. Julius Smith (073059) Should the trial court have granted defendant’s motion for a mistrial or, alternatively, granted a continuance to allow defendant to investigate the newly discovered evidence revealed during trial?
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A-61-13 State v. Darien Weston (073032) Was defendant’s right to a fair trial violated when the jury was allowed unrestricted access to the videotaped statements of two eyewitnesses during deliberations?
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A-60-13 Terry Kuchera v. Jersey Shore Family Health Center (073483) Does this non-profit community outreach clinic have a charitable or educational purpose entitling it to absolute immunity under N.J.S.A. 2A:53A-7, or is it organized exclusively for hospital purposes and therefore subject to a $250,000 limit on its liability pursuant to N.J.S.A. 2A:53A-8?
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A-59-13 L.A. and The Horace Mann Ins. Co. v. Bd. of Edu. of the City of Trenton (073401) Was there sufficient evidence presented that this employee’s inappropriate contact with a student was not undertaken in the course of his employment such that the Board of Education was not obligated to indemnify the employee for his costs in defending a civil action pursuant to N.J.S.A. 18A:2016-6?
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A-58-13 Joseph Vanderslice v. Harold Stewart (073362) Under the circumstances presented, should the time period for filing a demand for a trial de novo following a non-binding arbitration be relaxed to permit a late filing by the County?
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A-57-13 Kimba Medical Supply v. Allstate Insurance Co. of N.J. (073158) Under the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-1 thru -19, and associated personal injury protection (“PIP") regulations, does the trial court have the authority to remand unresolved factual questions to a dispute resolution professional after that court has vacated or modified the professional’s decision?
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A-56-13 State v. Terrell Hubbard (073539) Was it appropriate under the circumstances for the Appellate Division to rely on its independent review of the video recording of defendant’s statement to reverse the trial court’s order suppressing that statement?
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