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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-32/33-13 State v. David Pomianek, Jr. (072293) Is the bias intimidation statute, N.J.S.A. 2C:2016-1(a)(3), constitutional; and in proving a violation of the statute, is the State required to prove that the defendant had a biased intent?
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A-31-13 State v. James J. Revie (072600) Is a defendant who is convicted of a third offense of driving while intoxicated (DWI) more than ten years after his second DWI conviction entitled to a second step-down in sentencing under N.J.S.A. 39:4-50(a)(3) after having already received a step-down in sentencing on his second DWI conviction?
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A-30-13 State v. Fausto Camacho (072525) Is a trial court’s failure to instruct a jury that it may not draw an adverse inference from a defendant’s constitutional right to remain silent always reversible error, or is it subject to the harmless error standard?
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A-29-13 Robert Lavezzi v. State (072856) Following the cessation of a criminal investigation by a county prosecutor’s office, is the continued storage and safeguarding of property seized pursuant to a warrant a law enforcement function that requires the Attorney General to defend and indemnify the county for lost or damaged property, or is it an administrative function that does not require such a defense and indemnity?
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A-28-13 Constance Childs-Abdullah v. City of Somers Poin (073072) Did plaintiff, who suffered injuries when she stepped into a sinkhole in the parking lot of a municipal complex, present sufficient evidence to defeat summary judgment and have a jury determine whether defendant, a public entity, had "actual or constructive notice of the dangerous condition" and acted in a "palpably unreasonable manner" under the Tort Claims Act, N.J.S.A. 59:4-2?
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A-26/27-13 State v. Darryl Bishop; State v. Wilberto Torres (072395) Can a defendant who is sentenced to Drug Court (special probation) be subject to a mandatory period of parole ineligibility and a mandatory extended term upon a violation of probation?
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A-25-13 State v. Richard Perez (072624) Did defendant provide an adequate factual basis in pleading guilty to the crime of child-luring, N.J.S.A. 2C:13-6; and was defendant eligible for an extended term sentence as a result of his prior sentence of community supervision for life?
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A-24-13 N.J. Div. of Youth & Family Servs. v. Y.N. (072804) Can a pregnant woman’s use of methadone pursuant to a drug addiction treatment program that caused harm to her newborn child be the basis for a finding of abuse and neglect?
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A-23-13 IMO the Estate of Charles Polk (072761) Is a general testamentary disposition sufficient to override the beneficiary designation of an IRA?
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A-22-13 IMO Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (072810) May an attorney volunteer on behalf of Volunteer Lawyers for Justice to provide pro bono legal services to a debtor in a “no-asset" Chapter 7 bankruptcy proceeding if the attorney’s law firm represents a creditor of the debtor in an unrelated matter?
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A-21-13 Garden State Equality v. Dow (073328) In light of United States v. Windsor, 507 U.S. __, 133 S. Ct. 2675, 186 L. Ed.2d 808 (2013), does New Jersey violate the equal protection guarantee under Article I, Paragraph 1 of the New Jersey Constitution if it denies same-sex couples the right to marry?
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A-19/20-13 62-64 Main Street, L.L.C. v. Mayor and Council of the City of Hackensack (072699) When designating private property as in need of redevelopment pursuant to sections 5(a), (b) and (d) of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, must the municipality expressly find that the property is “blighted" pursuant to the Blighted Areas Clause of the New Jersey Constitution, art. VIII, § III, ¶ 1, and Gallenthin Realty Development, Inc. v. Borough of Paulsboro, 191 N.J. 344 (2007)?
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A-18-13 State v. Daryel Rawls (072388) When a defendant who is released on pretrial bail is subsequently arrested and incarcerated for a second offense, is defendant entitled to jail credit in sentencing on the first offense for the time incarcerated before bail was revoked?
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A-16/17-13 United Parcel Service Gen. Servs. Co. v. Director, Div. of Taxation (072421) Are these business entities entitled to waiver of late payment penalties on the taxes assessed against them under the New Jersey's Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -41, following an audit on certain intercompany transactions; and do tax amnesty penalties apply in these circumstances, and, if so, would their application be manifestly unjust or violate the taxpayers' due process rights?
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A-15-13 State v. Bruce E. Lige (072327) In a trial on the charge of receiving stolen property, what is the appropriate use of the history of the defendant’s other theft offenses to establish his knowledge that property was stolen under N.J.S.A. 2C:20-7?
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A-13/2014-13 Daniel Tumpson v. James Farina (072813) Did the Clerk of the City of Hoboken comply with the requirements of the Optional Municipal Charter Law, known as the Faulkner Act, N.J.S.A. 40:69A-1 to -210, in the processing of plaintiffs’ referendum petition; and, if not, did the noncompliance violate the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, permitting an award of attorneys’ fees to plaintiffs?
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A-12-13 State v. Joseph M. Jaffe (072259) May a sentencing court consider mitigating evidence arising between defendant’s plea and the sentencing hearing?
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A-11-13 State v. Bruno Gibson (072257) Was defendant entitled to a judgment of acquittal on this DWI charge where the municipal court that convicted defendant relied, over defense counsel’s objection, on evidence elicited in a pre-trial suppression hearing?
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A-10-13 Stephanie Washington v. Carlos A. Perez (072522) Was it reversible error to instruct the jury that it could draw an adverse inference against defendants as a result of their failure to call their medical experts to testify at trial?
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A-8/9-13 Michael J. Barrick, Jr. v. State of New Jersey, Department of Treasury (072795) In this public bidding case involving a lease for office space, did the agency act arbitrarily in waiving the requirement that the site be within a specific distance from public transportation and awarding the lease to the lowest bidder; and if so, was the appropriate remedy to require that the lease be awarded to the second lowest bidder or rebid?
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