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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-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-43-21
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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-41/42-21
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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-40-21
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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-39-21
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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-38-21
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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.]
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A-37-21/A-67-20
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A-37-21/A-67-20-Reargued
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A-36-21 Morgan Dennehy v. East Windsor Regional Board of Education (086350) When an injured high-school athlete asserts a claim alleging that the negligence of the team coach was the cause of her injury, is the claim against the coach subject to the heightened recklessness standard of care that applies to participants in recreational sporting activities under Crawn v. Campo, 136 N.J. 494 (1994)?
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A-36-21
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A-35-21 State v. Terrell M. Chambers (086317) Under the circumstances presented, can the State be compelled to obtain and produce an alleged sexual assault victim’s mental health records for an in camera review by the trial court?
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A-35-21
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A-34-21 State v. Izaia M. Bullock (086196) Were the detectives required to advise defendant, who was not charged with any offenses at the time, why he was being questioned before proceeding with the custodial interrogation?
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A-34-21 Part 1
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A-34-21 Part 2
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A-33-21 In the Matter of Officer Gregory DiGuglielmo and New Jersey Institute of Technology (085064) Is a campus police officer at a public college or university eligible for special disciplinary arbitration administered by the Public Employment Relations Commission?
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A-33-21
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A-32-21 State v. Steven L. Bookman (085775) When police officers attempt to execute an Automated Traffic System warrant and the subject flees, is it permissible for officers to enter a third party’s home under the hot pursuit doctrine?
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A-32-21
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A-31-21 State v. Jamal Wade (085198) Did defendant, who contends he was not informed of the nature of the charges against him or that he was under arrest, knowingly and voluntarily waive his Miranda rights?
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A-31-21
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A-30-21 Linden Democratic Committee v. City of Linden (086255) Under the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23, did the Linden Municipal Council have discretion to keep a seat on the Council vacant until the next general election, rather than appointing one of the three nominees presented by the Linden Democratic Committee to fill the vacant seat?
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A-30-21
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A-29-21 James Kennedy, II v. Weichert Co. d/b/a Weichert Realtors (086060) Are commissioned real estate salespersons exempt from the Wage Payment Law by operation of their exclusion from the Unemployment Compensation Law under N.J.S.A. 43:21-19(i)(7)(K), or pursuant to the Real Estate Brokers and Salesmen Act?
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A-28-21 State v. Andre Higgs (085863) Was evidence about past internal affairs investigations into the police officer who shot defendant relevant, were defendant’s prior convictions admissible under N.J.R.E. 609, and was the testimony by a detective who was not present at the scene that the dash-cam video appeared to show a firearm in defendant’s waistband admissible under N.J.R.E. 701?
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A-25/26/27-21 Miriam Rivera v. The Valley Hospital, Inc. (085992/085993/085994) In this medical malpractice action, were defendants entitled to partial summary judgment on plaintiffs’ claims for punitive damages?
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A-25/26/27-21
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A-24-21 Norman International, Inc. v. Admiral Insurance Company (086155) Does the "Designated New York Counties Exclusion" in the insurance policy, which excludes coverage for injuries "arising out of, related to, caused by, contributed to by, or in any way connected with" any operations or activities in, as relevant here, Nassau County, New York, apply under the circumstances?
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A-24-21
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A-20/21/22/23-21 Elizabeth Hrymoc v. Ethicon, Inc. (085547) Among other issues, in these product liability trials should defendants have been permitted to present evidence that they had obtained "Section 510(k) clearance" from the Food and Drug Administration for their pelvic mesh medical devices?
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A-20/21/22/23-21
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A-18/19-21 Dobco, Inc v. Bergen County Improvement Authority (086079) Can a principal of a corporate entity challenge a procurement process if the corporate entity is barred from doing so, and when a county improvement authority is designated as the redevelopment entity under the Local Redevelopment and Housing Law, do the public bidding requirements of the Local Public Contracts Law apply to the county improvement authority’s selection of a redeveloper to serve as general contractor?
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Part 2
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A-17-21 State v. Rahee Lane (085726) Does mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), that the "defendant was under 26 years of age at the time of the commission of the offense," apply retroactively? [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 12/6/2021. Such filings should be efiled with 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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Part 1
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Part 2
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