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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-18-24 State v. Shawn M. Fenimore (089786) Read Appellate Opinion A-2246-22 In this matter where defendant had been arrested and his car was parked in the police station parking lot, could the police search his car without a warrant?
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A-17-24 State v. Zaire J. Cromedy (089188) Read Appellate Opinion A-1145-22 Is N.J.S.A. 2C:39-5(j), which provides that unlawful possession of a handgun without a permit is a first-degree offense under certain circumstances, subject to a mandatory period of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6(c)?
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A-16-24 Englewood Hospital & Medical Center v. The State of New Jersey (089696) Read Appellate Opinion A-2767-21 Does New Jersey’s charity care program -- which requires a hospital to provide services to all patients regardless of their ability to pay, prohibits the hospital from billing those patients, and does not provide at-cost reimbursement to the hospital -- amount to an unconstitutional taking of the hospital’s property?
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A-15-24 In re the Matter Concerning the State Grand Jury (089571) Read Appellate Opinion A-3795-22 Does a State Grand Jury have the authority to return a presentment about sexual abuse by members of the clergy?
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A-14-24 Bank of America, N.A. v. Thomas Maher (089438) Read Appellate Opinion for A-1708-22 If an installment contract has an optional acceleration clause, does the statute of limitations for a breach of contract claim begin to run when the borrower makes its last payment, or when the lender accelerates the debt?
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A-13-24 State v. John T. Bragg (089446) Read the Appellate Opinion for A-3502-21 Should the jury have been instructed that if defendant was in his own dwelling, then he had no duty to retreat unless he was the initial aggressor, and if so, was the failure to provide that instruction plain error?
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A-12-24 Fred Krug v. New Jersey State Parole Board (089603) Read Appellate Opinion A-2875-22 Does it violate the Ex Post Facto Clause to apply the 1997 amendments to the 1978 Parole Act, L. 1997, c. 213, which in relevant part deleted the requirement that the Parole Board could only rely on “new” information at a subsequent parole hearing, see N.J.S.A. 30:4-123.56(c), to an inmate convicted prior to those amendments? [Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 12/4/24. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]
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A-10/11-24 Jersey City United Against the New Ward Map v. Jersey City Ward Commission (089292) Read Appellate Opinion A-0356-22/A-0560-22 In addition to challenges under the Equal Protection Clause and the Civil Rights Act, did the Jersey City election ward maps that were redrawn after the 2020 census violate the compactness requirement of the Municipal Ward Law, N.J.S.A. 40:44-14? [Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 11/12/24. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]
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A-9-24 Vector Foiltec LLC v. Dawn Becker (089681) Read Appellate Opinion A-3293-22 Is a settlement agreement in a civil matter enforceable if payment is conditioned on one of the parties recommending that the other party be admitted into the pre-trial intervention program in a related criminal matter?
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A-8-24 Rosalyn Musker v. Suuchi, Inc. (089665) Read Appellate Opinion A-0841-23 Under the circumstances presented, are the commissions at issue “wages” covered by the Wage Payment Law or “supplementary incentives” not covered by the Wage Payment Law?
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A-7-24 New Jersey Coalition of Automotive Retailers, Inc. v. Ford Motor Company (089378) Read Appellate Opinion A-1051-22 Does the New Jersey Coalition of Automotive Retailers have associational standing to bring this lawsuit, or standing under the Franchise Practices Act, N.J.S.A. 56:10-10?
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A-6-24 Charles Kratovil v. City of New Brunswick (089427) Read Appellate Opinion A-0216-23 Is Daniel’s Law, N.J.S.A. 56:8-166.1 and N.J.S.A. 2C:20-31.1, which prohibits disclosing the home addresses of certain public officials, including judges, prosecutors, and law enforcement personnel, unconstitutional as applied to plaintiff?
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A-3/4/5-24 State v. Ebenezer Byrd; State v. Jerry J. Spraulding; State v. Gregory A. Jean-Baptiste (089469) Read Appellate Opinion A-4941-18/A-5095-18/A-1452-19 Did the trial court adequately respond to allegations that a juror conducted outside research on the case, texted defendant Byrd, and made statements about finding defendants guilty?
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A-2-24 Salve Chipola, III v. Sean Flannery (088836) Read Appellate Opinion A-3571-21 Does a claim alleging false light invasion of privacy have a one-year statute of limitations, see Swan v. Boardwalk Regency Corp., 407 N.J. Super. 108 (App. Div 2009)?
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A-1-24 M.A v. J.H.M. (089673) In a proceeding under the Prevention of Domestic Violence Act, may a trial judge draw an adverse inference from a party’s decision to invoke the Fifth Amendment privilege against self-incrimination?
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A-53-23 M.R. v. New Jersey Department of Corrections (089371) Read Appellate Opinion A-2825-22 Under the Compassionate Release Act, N.J.S.A. 30:4-123.51e, are physicians required to physically examine an inmate when making a medical diagnosis to determine if the inmate is eligible for compassionate release?
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A-44/45/46/47/48/49/50/51/52-23 In re Opinion No. 745 of the Supreme Court Advisory Committee on Professional Ethics (089278) May a certified trial attorney pay referral fees to out-of-state lawyers under the New Jersey Rules of Court and the Rules of Professional Conduct?
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A-43-23 Earneka Wiggins v. Hackensack Meridian Health (089441) Read Appellate Opinion A-3847-22 In this medical malpractice matter in which the treating doctor was board certified in internal medicine and gastroenterology, was plaintiffs’ affidavit of merit from a doctor board certified in internal medicine sufficient?
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A-43-23 Part-1
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A-43-23 Part-2
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A-42-23 In re Appeal of the New Jersey Department of Environmental Protection’s September 6, 2022 Denial of Request for Adjudicatory Hearing (089182) Read Appellate Opinion A-0511-22 Does a Remediation in Progress Waiver issued by the New Jersey Department of Environmental Protection convey a property interest to the recipient that is constitutionally protected by the right to due process?
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A-42-23
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A-41-23 State v. Juan C. Hernandez-Peralta (089274) Read Appellate Opinion A-3292-22 In this post-conviction relief matter, where defendant had told plea counsel that he was a United States citizen born in New York, but the pre-sentence report revealed that he was born in Mexico, was sentencing counsel’s performance deficient under the first prong of Strickland v. Washington, 466 U.S. 668 (1984), for failing to further investigate whether defendant was a United States citizen?
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