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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.
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A-71-19 Clarence Haley v. Board of Review (084123) Was claimant entitled to unemployment compensation under the circumstances presented, including that his separation from work stemmed from his pretrial incarceration for a charge on which the grand jury ultimately did not return an indictment?
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A-70-19 State v. Craig Szemple (084182) Where defendant was convicted in 1994, was defendant’s motion to compel discovery, including “copies of any and all notes, reports, statements or other type of writings memorializing any interviews, talks, discussions” with his former wife, a successive petition for post-conviction relief, and did the State have an ongoing obligation to provide the requested discovery to defendant?
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A-69-19 Ana S. Deras v. Yasamin T. Hamwi (084172) Can an insurance carrier deny Underinsured Motorist (UIM) coverage to a resident relative because the resident relative had already recovered UIM benefits as an insured from another policy, where the prior recovery did not fully cover the insured’s damages?
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A-68-19 Kathleen J. Delanoy v. Township of Ocean (084022) Did the Township of Ocean Police Department’s “Maternity Assignment Standard Operating Procedure” violate the New Jersey Pregnant Workers Fairness Act and its provisions within the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12?
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A-67-19 State v. Miguel A. Roman-Rosado (084074) Among other issues, did the police officer have reasonable suspicion to effectuate a traffic stop under N.J.S.A. 39:3-33, which prohibits “a license plate frame or identification marker holder that conceals or otherwise obscures any part of any marking imprinted upon the vehicle’s” license plate?
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A-66-19 State v. Darius J. Carter (083221) Did the police officer have reasonable suspicion to effectuate a traffic stop under N.J.S.A. 39:3-33, which prohibits “a license plate frame or identification marker holder that conceals or otherwise obscures any part of any marking imprinted upon the vehicle’s” license plate?
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A-65-19 State v. Kanem Williamson (083979) Was the victim’s identification of defendant admissible as a dying declaration under N.J.R.E. 804(b)(2) and did its admission deprive defendant of his Sixth Amendment right to confront the witnesses against him?
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A-64-19 Vincent Hager v. M&K Construction (084045) Among other issues, may a workers’ compensation judge order an employer to reimburse its employee for the cost of the employee’s medical marijuana prescribed for chronic pain following a work-related accident?
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A-63-19 In the Matter of the Civil Commitment of W.W., SVP-86-00 (083890) Does N.J.S.A. 30:4-27.30(b) require the State to present testimony from a psychiatrist in support of the involuntary commitment of a sexually violent predator?
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Through this application, the Court considers a request by the Office of the Public Defender and the American Civil Liberties Union of New Jersey seeking relief relating to the spread of COVID-19 in state prison and juvenile facilities. Specifically, the applicants sought a framework under which judges or court-appointed special masters would decide whether to grant release or a furlough in individual cases after considering any objections for the early release of several groups of inmates: adults and juveniles serving a sentence that will expire in the next year; individuals eligible for parole; and any defendant who is particularly vulnerable to COVID-19.
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A-61/62-19 In re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics (083396) May an attorney, consistent with the Rules of Professional Conduct, purchase from an internet search engine company a keyword that is a competitor lawyer’s name in order to display the purchasing lawyer’s own website in the search results when a person searches for the competitor lawyer by name? Watch the
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Oral Argument Audio for
Part 1
Watch the
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Oral Argument Audio for
Part 2
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A-60-19 State v. Damian Sanchez (084104) Is the testimony of defendant’s parole officer, who identified defendant from a photograph allegedly linking him to criminal activity, admissible at trial?
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A-59-19 State v. Raquel Ramirez; State v. Jorge Orozco (083902) Did the jury instructions on accomplice liability require reversal of defendants’ convictions?
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What standard applies when determining whether a sexual act was “nonconsensual” for the issuance of a restraining order under the Sexual Assault Survivor Protection Act, N.J.S.A. 2C:14-13 to -21?
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A-56/57-19 New Jersey Division of Child Protection and Permanency v. J.R.-R. and G.R.-R (083807) Among other issues, did the family court apply conditional res ipsa loquitor principles and improperly shift the burden to the parents to rebut the presumption that they abused or neglected their son?
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A-55-19 In re Petition for Expungement of the Criminal Record Belonging to T.O. (084009) Does a gubernatorial pardon remove the statutory bar to the expungement of multiple convictions under N.J.S.A. 2C:52-2(a)?
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A-54-19 State v. Zakariyya Ahmad (083736) Was defendant’s statement obtained in violation of Miranda v. Arizona, 384 U.S. 436 (1966)? Watch the
Listen to the
Oral Argument Audio for
Part 1
Watch the
Listen to the
Oral Argument Audio for
Part 2
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A-53/22-19 Winberry Realty Partnership v. Borough of Rutherford (083156) Under the circumstances presented, is the Borough’s tax collector entitled to qualified immunity?
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A-52-19 State v. Edgar Torres (083676) Among other issues, did the sentencing court appropriately consider the fairness and real time consequences of defendant’s overall aggregate sentence?
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A-51-19 Johnson & Johnson v. Director, Division of Taxation (083612) Following the 2011 amendment of N.J.S.A. 17:22-6.64, was plaintiff required to pay an insurance premium tax based upon all the risks it insured throughout the United States or based upon only those risks localized in New Jersey?
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