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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-57-21 State v. Eddie L. Oliver (087088) Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate “is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in the case of a permanent physical incapacity,” the inmate “would not pose a threat to public safety,” under N.J.S.A. 30:4-123.51e(f)(1)? [Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed on or before 8/5/22 in the companion case of A-56-21 State v. A.M. (087057) through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-56-21 State v. A.M. (087057) Does a trial court have discretion to deny an inmate’s petition for compassionate release if the court finds, by clear and convincing evidence, that the inmate “is so debilitated or incapacitated by the terminal condition, disease or syndrome, or permanent physical incapacity as to be permanently physically incapable of committing a crime if released and, in the case of a permanent physical incapacity,” the inmate “would not pose a threat to public safety,” under N.J.S.A. 30:4-123.51e(f)(1)? [Note: This matter has been accelerated by order of the Court and a peremptory briefing scheduled is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 8/5/22. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-55-21 State v. Dante C. Allen (086699) Did the investigating detective’s trial testimony narrating a surveillance video deprive defendant of a fair trial?
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A-54-21 State v. Deje M. Coviello (086673) Where a portion of a defendant’s sentence for driving while intoxicated requires the installation of an ignition interlock device, should a request for credit toward that portion of a sentence be heard by a court or the Motor Vehicle Commission?
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A-53-21 State v. Timothy J. Canfield (086644) Should the trial court have instructed the jury sua sponte on the lesser-included offense of passion/provocation manslaughter, and in a murder trial in which the trial court decides to instruct the jury on self-defense, should the court consider and make specific findings on the record regarding whether to instruct the jury on the lesser-included offense of passion/provocation manslaughter regardless of whether that instruction was requested by either party?
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A-52-21 Liberty Insurance Corp. v. Techdan, LLC (086219) In this insurance fraud litigation, does the Comparative Negligence Act apply and should the jury instructions have included the ultimate outcome charge? Watch the
Listen to the
Oral Argument Audio for
A-52-21 part 1
Watch the
Listen to the
Oral Argument Audio for
A-52-21 Part 2
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A-51-21 State v. R.B.L. (086618) Was defendant’s waiver of his Miranda rights knowing, intelligent, and voluntary where, according to defendant, the detectives initially told him that they were investigating a non-criminal dispute?
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A-50-21 State v. Cornelius C. Cohen (084493) Was law enforcement authorized to search defendant’s trunk and engine compartment based on the odor of marijuana in the vehicle?
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A-49-21 State v. Joseph S. Macchia (086334) Is a general verdict unanimously rejecting self-defense sufficient, or must the jury unanimously agree to one or more of the three bases for rejecting self-defense?
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A-48-21 Jack Scavone v. Bruce Oliver (085912) Does the decision in Estate of Narleski v. Gomes, 244 N.J. 199 (2020) apply in the context of this action, in which plaintiff alleges that his injury was the result of defendants allowing individuals under the age of twenty-one to consume alcohol in defendants’ home?
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A-47-21 Harold Hansen v. Rite Aid Corp. (086430) When a trial court awards attorney’s fees to a prevailing party under a statutory fee-shifting provision, may it award fees for prior appellate work in the matter if the party did not file a counsel fee motion with the appellate court? 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-46-21 W.S. v. Derek Hildreth (086633) Was plaintiff’s complaint, which asserted claims under the Child Sexual Abuse Act (CSAA) and the common law, timely filed under L. 2019, c. 120 and L. 2019, c. 239, which amended the CSAA, the Tort Claims Act, and added new statutes of limitations for claims involving sexual abuse?
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A-45-21 Kevin Malanga v. Township of West Orange (086087) Was the Township of West Orange’s designation of the West Orange Public Library as an area in need of redevelopment under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-5(d), supported by substantial credible evidence in the record, and does the public bidding law, N.J.S.A. 40A:12-13, apply?
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A-44-21 In the Matter of Proposed Construction of Compressor Station (CS327) (086428) In this matter concerning plans for the construction of a compressor station in the Highlands preservation area, should a company that was granted an exemption from the provisions and regulations of the Highlands Water Protection and Planning Act by the New Jersey Department of Environmental Protection be allowed to intervene in an appeal of that agency decision? [Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 2/25/2022. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at 609-815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-43-21 State v. Marcus Mackroy-Davis (086626) Did the trial court abuse its discretion by designating particular periods of excludable time for purposes of calculating the speedy trial deadlines under the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26? [Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 3/23/2022. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at 609-815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-41/42-21 State Of New Jersey In The Interest Of E.S. (086554) In this juvenile proceeding, where the juvenile moved to suppress evidence and the State moved for waiver of the matter to the Law Division, did the Family Part judge abuse his discretion in determining to proceed with the waiver hearing before the suppression motion?
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A-40-21 Green Knight Capital, LLC v. Gabriel Calderon (086367) Was permitting a third party to attempt redemption of the tax sale certificate after plaintiff had filed a foreclosure complaint consistent with N.J.S.A. 54:5-98 and Simon v. Cronecker, 189 N.J. 304 (2007)?
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A-39-21 Nancy L. Holm v. Daniel M. Purdy (086229) Does the Workers’ Compensation Act, N.J.S.A. 34:15-36, impose a legal duty on an insurance broker to advise new members of an LLC of the need to opt-in for worker’s compensation coverage?
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A-38-21 State v. Woodrow Miller (086126) In this proceeding for post-conviction relief, did defendant show that he received ineffective assistance of trial counsel entitling him to a new trial?
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A-37-21/A-67-20 State v. Quinnizel J. Clark (085271) Did the admission of evidence that defendant asked for a lawyer when the interrogating officer asked him to exculpate himself, and the prosecutor’s comments during summations, violate defendant’s Fifth Amendment right to counsel? [Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. No further submissions, including applications to appear as amicus curiae, shall be accepted unless requested by the Court.] Watch the
Listen to the
Oral Argument Audio for
A-37-21/A-67-20
Watch the
Listen to the
Oral Argument Audio for
A-37-21/A-67-20-Reargued
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