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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-55-13 Griepenburg v. Twp. of Ocean (073290) Was the municipality’s rezoning of plaintiffs’ property to an environmentally sensitive land use designation that required minimum lot sizes of 20 acres for residential development arbitrary and capricious?
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Was plaintiffs’ action challenging the municipal redevelopment ordinance time barred and, if not, was the ordinance invalid because of the municipality’s failure to submit an application for approval of the issuance of bonds to the Local Finance Board in the Department of Community Affairs?
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A-53-13 Grabowsky v. Twp. of Montclair (07320142) Were these municipal officials disqualified from voting on this redevelopment ordinance because of their membership in a church located on property that is next to the site to be redeveloped?
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A-52-13 Gnall v. Gnall (073321) Was it appropriate for the Appellate Division to reverse the trial court’s award of limited duration alimony and to remand for consideration of permanent alimony under the circumstances of this case, which included a marriage of fifteen years?
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A-51-13 Gaskill v. CITI Mortgage, Inc. (071804) Where a judgment creditor does not receive actual notice of the debtor’s bankruptcy petition or discharge in bankruptcy, may equitable principles be applied to toll the provisions of N.J.S.A. 2A:2016-49.1, which allows the debtor to cancel a lien after one year has elapsed since the date of the discharge in bankruptcy?
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A-50-13 Maida v. Kuskin (073429) Is a request that a guilty plea entered in municipal court not be evidential in any civil proceeding required to be made in open court at the time of the entry of the plea?
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A-49-13 State v. Edwin Urbina (073209) In pleading guilty to the crime of aggravated manslaughter, did defendant’s assertion of facts implying that he acted in self-defense render the factual basis inadequate?
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A-47/48-13 State v. State v. James Grate; State v. Fuquan Cromwell (072750) Does the “knowingly" mens rea requirement of N.J.S.A. 2C:39-5(e)(1), third-degree unlawful possession of a weapon at an education institution, apply to both the possession of the firearm and the presence at an educational institution; and did the trial court err in sentencing defendants to mandatory minimum terms?
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A-46-13 State v. John Tate (072754) Did defendant’s admission during his plea allocution to cursing and using off-color language in such a way as to debauch a child’s morals provide an adequate factual basis to establish child neglect under N.J.S.A. 9:6-3?
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A-45-13 State v. William A. Case, Jr. (072688) Was defendant properly sentenced to a discretionary parole disqualifier under N.J.S.A. 2C:43-6(b)?
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A-43/44-13 IMO Borough of Keyport v. Local 68 (072361) Were these municipalities authorized to unilaterally impose temporary layoffs approved by the Civil Service Commission pursuant to N.J.S.A. 11A:8-1 to -4, or were the municipalities required to negotiate the layoffs pursuant to the New Jersey Employer-Employee Act, N.J.S.A. 34:13A-1 to -30?
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A-42-13 Jarrell v. Kaul, M.D. (072363) Could plaintiffs maintain a cause of action against a medical doctor for failure to disclose that he did not have malpractice insurance to cover the relevant procedure; and can plaintiffs maintain a cause of action against a medical facility that allowed the medical doctor to perform in the facility procedures for which the doctor does not have malpractice insurance?
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A-41-13 State v. Julie Kuropchak (072718) In this appeal challenging a conviction of driving while intoxicated, was it error to admit the documentary evidence and the Alcotest results, and was the observational evidence sufficient to sustain the conviction?
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A-40-13 State v. Tahir Gregory (072715) Was defendant’s guilty plea sufficient to establish a factual basis for the crime of knowing possession of a controlled dangerous substance with intent to distribute within a school zone?
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A-39-13 State v. R.K. (072712) Was defendant entitled to a new trial because the fresh-complaint testimony was excessively detailed and cumulative and admitted without a limiting instruction, as well as other errors?
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A-38-13 Morristown Associates v. Grant Oil Company (073248) Does the general six-year statute of limitations established by N.J.S.A. 2A:2014-1 for damage to property apply to a private claim for contribution under the New Jersey Spill Compensation Control Act; and if so, did the discovery rule allow plaintiff to pursue claims for damages arising prior to the limitations period?
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A-37-13 Fernandes v. DAR Development Co. (073001) In this action by an employee against a third-party defendant for injuries sustained during a construction project, did the trial court err in refusing to charge the jury regarding the employee’s comparative negligence?
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A-36-13 State v. K.S. (072608) In rejecting defendant’s application for pre-trial intervention, did the prosecutor improperly rely on prior charges that had been dismissed to find that defendant had a history and propensity for violence and that he had engaged in a pattern of antisocial behavior?
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A-35-13 Aguas v. State of New Jersey (072467) Were plaintiff’s allegations of violations of the Law Against Discrimination due to her supervisors’ sexual harassment/hostile work environment sufficient to survive the defendant’s motion for summary judgment?
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A-34-13 Davis v. Husain (072425) Was defendant entitled to a new trial as a result of the trial judge’s post-verdict, ex parte discussions with the jury during which one juror commented about defendant failing to place his hand on the bible while being sworn to testify?
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