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Find Supreme Court appeal cases here. The most recent cases are listed first. You can also use the search tool to find a specific case.

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-39-19 State v. Hakum Brown; State v. Rodney Brown (083353)

Can defendants who were sentenced for their underlying sex offenses prior to 2007, when failure to register was a fourth-degree offense, be charged with third-degree failure to register under the 2007 amendment to Megan’s Law upgrading the degree of the offense?

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  • Certification granted : Jan. 24, 2020
  • Posted: Jan. 27, 2020
  • Argued: Oct. 14, 2020
  • Decided: Jan. 25, 2020

A-38-19 State v. Thomas H. Outland (083242)

Did the decision not to let defendant represent himself at trial violate his constitutional rights?

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  • Certification granted : Jan. 24, 2020
  • Posted: Jan. 27, 2020
  • Argued: Sept. 30, 2020
  • Decided: March 16, 2021

A-37-19 State v. Amrit Singh (083236)

Was the detective’s narration of a surveillance video and identification of defendant in the video improper lay-witness opinion testimony constituting plain error?

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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: Sept. 29, 2020
  • Decided: Jan. 21, 2021

A-36-19 State v. B.C.S. (083231)

Were defendant’s confessions during a consensual intercept and subsequent police interview voluntary?

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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: Sept. 30, 2020
  • Dismissed by Order : Oct. 7, 2020

A-34/35-19 Anasia Maison v. NJ Transit Corporation and Kelvin Coats (083484)

Does the common carrier standard of negligence apply to New Jersey Transit buses and drivers; were defendants immune under the Tort Claims Act; and should the jury have been directed to allocate fault to the unidentified tortfeasor?

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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: Sept. 29, 2020
  • Decided: Feb. 17, 2021

A-33-19 Christian Mission John 316 v. Passaic City (083487)

Was plaintiff’s property actually used for religious purposes prior to the tax assessment date and therefore exempt from local property taxes for the 2013 tax year under N.J.S.A. 54:4-3.6?

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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: April 28, 2020
  • Decided: July 15, 2020

A-32-19 Bank Leumi USA v. Edward J. Kloss (083372)

When a party filed, in lieu of an answer, a motion to dismiss under Rule 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it files arising from the same transactional facts—the defendant asserts the entire controversy doctrine as an affirmative defense?

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  • Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: April 27, 2020
  • Decided: July 21, 2020

A-31-19 State v. Donnell Gideon (083178)

Did trial counsel’s deficient performance, namely the failure to investigate a potential alibi defense, prejudice defendant under the second prong of Strickland v. Washington, 466 U.S. 668 (1984)?

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  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 14, 2020
  • Decided: Jan. 14, 2021

A-30-19 Brian Delaney v. Trent S. Dickey and Sills Cummis & Gross, PC (083440)

Under the circumstances presented, was the arbitration clause in the attorney-client retainer agreement unenforceable because it violated the Rules of Professional Conduct?

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  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 15, 2020
  • Decided: Dec. 21, 2020

A-29-19 Elmer Branch v. Cream-O-Land Dairy (083379)

In this class action alleging a failure to pay overtime wages in violation of the New Jersey Wage and Hour Law, is the good-faith defense, N.J.S.A. 34:11-56a25.2, available to defendant based on determinations made by employees of the New Jersey Department of Labor and Workforce Development?

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  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 30, 2020
  • Decided: Jan. 13, 2021

A-28-19 State v. Luis A. Maisonet (083066)

Was defendant denied his constitutional right to counsel of his choice?

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  • Certification granted : Nov. 21, 2019
  • Posted: Nov. 22, 2019
  • Argued: Sept. 15, 2020
  • Decided: March 23, 2021

A-27-19 State v. Andrea K. Dunbrack; State v. Gabriel Rodriguez (083008)

Were defendants entitled to have the jury instructed on theft as a lesser included offense of robbery?

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  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: Sept. 14, 2020
  • Decided: March 22, 2021

A-26-19 State v. Antwan J. Horton (082698)

Read Order

Was it error to substitute an alternate juror for an excused juror after the jury stated that it had reached a partial verdict?

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  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: April 28, 2020
  • Decided: June 10, 2020
  • Revised : June 12, 2020

A-25-19 Rosemont Properties, LLC v. IP Realty, LLC (083307)

Did the credit doctrine apply and require reduction of the amount due to plaintiff under the circumstances presented, including that plaintiff released its mortgage to defendants on a different property?

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  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: March 30, 2020
  • Dismissed as improvidently granted : April 7, 2020

A-24-19 Jed Goldfarb v. David Solimine (083256)

Among other issues, is plaintiff’s promissory estoppel claim barred because there was no written contract to provide services as an investment adviser?

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  • Certification granted : Nov. 7, 2019
  • Posted: Nov. 7, 2019
  • Argued: Sept. 15, 2020
  • Decided: Feb. 18, 2021

A-23-19 Mary Richter v. Oakland Board of Education (083273)

Read Order

Is an employee alleging discrimination for failure to accommodate a disability, pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, required to show an adverse employment action; and is this employee’s claim barred by the exclusive remedy provision of the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -146?

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  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: Sept. 14, 2020
  • Decided: June 8, 2021
  • Revised : June 15, 2021

A-22/53-19 Winberry Realty Partnership v. Borough of Rutherford (083156)

Does the tax collector have final policymaking authority such that the Borough may be liable for her actions?

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  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: Jan. 19, 2021
  • Decided: June 28, 2021

A-21-19 Christopher J. Gramiccioni v. Department of Law and Public Safety (083198)

Under the circumstances presented, was the Attorney General required to defend and indemnify the Monmouth County Prosecutor’s Office, the Monmouth County Prosecutor, and Assistant Prosecutors named as defendants in a civil complaint, pursuant to Wright v. State, 169 N.J. 422 (2001)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: March 31, 2020
  • Decided: July 28, 2020

A-20-19 City of Asbury Park v. Star Insurance Company (083371)

Does the made-whole doctrine apply to first-dollar risk that is allocated to an insured under an insurance policy, i.e., a self-insured retention or deductible?

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  • Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: March 31, 2020
  • Decided: June 29, 2020

A-18/19-19 State v. Mark Jackson; State v. Jamie Monroe (083286)

Did the State’s acquisition of recorded inmate telephone calls pursuant to a grand jury subpoena violate the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37?

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  • Leave to appeal granted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: March 17, 2020
  • Decided: April 1, 2020