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Supreme Court Agendas Court Year 2011-2012

(most recent at top)

Tuesday, May 15, 2012

10 a.m.

A-128-10 Geraldine Murray v. Plainfield Rescue Squad (067996)
Under the circumstances presented, was it error to grant the rescue squad's motion for summary judgment based on statutory immunity under N.J.S.A. 26:2K-29?

A-1-11 State in the Interest of A.W. (067984)
Was this 13-year-old juvenile's right against self-incrimination violated because his father left the interrogation room after the officer, speaking in English which she knew the father did not understand, encouraged the juvenile to ask his father to leave; and were the interrogation techniques used likely to have caused the juvenile to confess involuntarily?


Tuesday, May 8, 2012

10 a.m.

A-33-11 State v. J.D. (064757)
Did the trial court err in applying the Rape Shield Law, N.J.S.A. 2C:14-7, to deny admission of evidence that the victim was sexually active?

11 a.m.

A-16-11 Douglas Trautmann v. Chris Christie (067705)
Is the New Jersey statute known as "Kyleigh's Law," which requires drivers with a special learner's permit to display a decal on their license plates, preempted by the Federal Driver's Privacy Protection Act; and does it violate equal protection of the law or the right against unreasonable search and seizure guaranteed by the United States and New Jersey constitutions?

2 p.m.

D-66-11 In the matter of Neil H. Braunstein

D-93-11 In the matter of Michael D. Sinko


Monday, May 7, 2012

10 a.m.

A-15-11 State v. Joseph Schubert, Jr. (068149)
After defendant has completed his term of probation, can the judgment of conviction be amended to add community supervision for life as required by N.J.S.A. 2C:43-6.4?

11 a.m.

A-2-11 New Jersey Dep't of Envtl. Protection v. Ofra Dimant (067993)
Under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24, is a defendant strictly liable for all damages caused by groundwater contamination regardless whether the Department can establish a causal connection between the leak and the damages?


Wednesday, Apr. 25, 2012

10 a.m.

A-121-10 State v. Alfonso Herrerra; State v. Nelson Gonzalez (067308)
Are these defendants who were convicted of drug offenses and the attempted murder of the police officer who stopped their vehicle entitled to racial-profiling discovery from the State?

A-127-10 Moses Segal v. Cynthia Lynch and Linda A. Schofel (067683)
May a parenting coordinator, who also is an attorney, be awarded fees for time she spent responding to plaintiff's motions and subpoenas and to his grievances against her under the Parenting Coordinator Pilot Program Implementation Guidelines?

11:30 a.m.

A-4-11 D.W. v. R.W. (068214)
In this matrimonial action, was the "best interest of the child" test correctly applied to consider the husband's request to compel a paternity test regarding the now-adult son in connection with the husband's third-party claim against the suspected father for support reimbursement?


Tuesday, Apr. 24, 2012

10 a.m.

A-122-10/A-10-11 State in the Interest of A.D. (068232)
Is it proper to transfer jurisdiction over these criminal charges against this juvenile defendant from the Chancery Division, Family Part to the Law Division, Criminal Part on the basis that the charges were supported by probable cause that the juvenile committed the alleged crime?

A-9/19/20-11 State in the Interest of V.A., M.R., & C.T. (068707)
In this case in which the Prosecutor determined to transfer jurisdiction of a juvenile criminal defendant from the Family Part to the Law Division, Criminal Part, were the Attorney General's Juvenile Waiver Guidelines incorrectly applied?

1:30 p.m.

A-113-10 Francis J. McGovern, Jr. v. Rutgers, The State University (067787)
Did the board of governor's meeting notice and its practices regarding its meetings violate the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21?


Tuesday, Mar. 27, 2012

10 a.m.

A-14-11 State v. Manaf Stas (068060)
Did the trial court improperly rely on defendant's silence at the accident scene as evidence that defendant allowed another person to operate his motor vehicle while intoxicated contrary to N.J.S.A. 39:4-50(a)?

A-123-10 Larisa Shelton v. Restaurant.com, Inc. (068404)
Does the purchase of a gift certificate that is issued by a third-party internet vendor and is contingent (i.e., subject to particular conditions that must be satisfied in order to obtain its face value) qualify as a transaction for "property . . . which is primarily for personal, family or household purposes" so as to come within the definition of a "consumer contract" under section 15 of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 to 12-18?

11:30 a.m.

A-8-11 State v. Derek Kaltner (068778)
Under the community caretaking exception to the warrant requirement, may police officers responding to a noise complaint who were permitted entry during a house party search beyond the first floor main living area for residents and seize contraband discovered in plain view in an upstairs bedroom?


Monday, Mar. 26, 2012

10 a.m.

A-34-11 Paul M. DePascale v. State of New Jersey (069401)
As applied to certain justices and judges, does the Pension and Health Care Benefits Act, P.L. 2011, c. 78, which increases public employees' contribution rates for their pension and healthcare benefits, operate to diminish judicial salaries and thereby violate article VI, § 6, ¶ 6 of the New Jersey Constitution?

11:30 a.m.

A-112-10 Wade Stancil v. ACE USA (067640)
May an employee who suffered a work-related injury pursue a common-law cause of action against a workers' compensation carrier for willful failure to comply with court orders compelling it to provide medical treatment when the delay or denial of treatment causes the employee's condition to worsen?


Tuesday, Mar. 13, 2012

10 a.m.

A-126-10 In re Ronald C. Kollman, Jr., Petition for Expungement (067807)
Did the trial court err in denying this petition for expungement of a conviction of third-degree distribution of a controlled dangerous substance?

A-125-10 State v. Leroy Munroe (067772)
Should defendant's motion to vacate his plea to manslaughter prior to sentencing have been granted based on a claim that he acted in self-defense?

11:30 a.m.

A-131/132-10 State v. Norman Jackson (067869)
Did the prosecutor's comments during summation require that defendant's motion for a new trial be granted, and was there sufficient evidence presented to support the kidnapping conviction?

2 p.m.

D-63-11 In the matter of John A. Tunney (069747)

D-64-11 In the matter of Nicholas R. Manzi (069788)


Monday, Mar. 12, 2012

10 a.m.

A-68-10 State v. Stanley Cliff Smith a/k/a Jerry Johnson (066806)
Did the prosecutor's comments during summation constitute misconduct warranting a new trial, and should the co-defendant's telephone toll records have been suppressed?

A-97-10 Sussex Commons Associates v. Rutgers, the State University (067232)
Is the Environmental Law Clinic operated by Rutgers School of Law, which provides pro bono environmental legal services to the public, a state agency subject to New Jersey's Open Public Records Act, N.J.S.A. 47:1A-1 to -13?


Thursday, Mar. 1, 2012

10 a.m.

A-105-10 Selective Insurance Co. v. Hudson East Pain Management (067133)
Is an automobile insurer providing personal injury protection coverage entitled to expansive discovery from an assignee health service provider under the Uniform Declaratory Judgment Act in the insurer's internal investigation of suspected insurance fraud?

A-110-10 State v. Tarik Madison and Andre Stanley (068029)
Did police have probable cause to search defendant for narcotics primarily because he interacted with a suspected drug dealer in a manner similar to an interaction between the suspected drug dealer and another individual who was found with drugs earlier that day?

11:30 a.m.

A-118-10 State v. Barrington McDonald (067022)
Should defendant be permitted to withdraw his guilty plea to assault by auto in a school zone based on his claim that he did not know at the time of his plea whether the school zone as defined by N.J.S.A. 2C:12-1c(3)(a) actually included the area of the accident?

1:30 p.m.

A-130-10 In the Matter of the Parentage of a Child by T.J.S. and A.L.S. (067805)
Does the New Jersey Parentage Act, N.J.S.A. 9:17-38 to -59, recognize an infertile wife as the legal mother of her husband's biological child born to a gestational carrier using a donated egg; and if not, does the statutory omission violate equal protection by treating an infertile woman differently than a similarly-situated infertile man?

2 p.m.

D-20-11 In the matter of Arthur R. Gloeser

D-56-11 In the matter of Timothy J. Provost


Tuesday, Jan. 31, 2012

10 a.m.

A-101-10 Twenty-First Century Rail Corp. v. N.J. Transit Corp. (067652)
Did the prior representation of plaintiff Frontier-Kemper by the attorney for defendant PB Americas create a conflict of interest under RPC 1.9 requiring the attorney's disqualification from this case?

A-124-10 State v. Boyce Singleton, Jr. (067756)
Did the trial court commit plain error in not issuing the "deific-command" variation of the insanity defense jury instruction?

2 p.m.

D-38-11 In the matter of Duncan G. Cameron


Monday, Jan. 30, 2012

10 a.m.

A-120-10 State v. Charles Mordan (067610)
Did the prosecutor's closing remarks about the lack of testimony to support the defense's theory that a bandana allegedly worn by defendant had been lost at the crime scene prior to the assault constitute impermissible comment on defendant's choice not to testify?

A-115-10 State v. Johnnie Parker (067670)
Is a defendant entitled to oral argument in the trial court on a petition for post-conviction relief?

11:30 a.m.

A-119-10 Memorial Properties, LLC v. Zurich American Ins. Co. (067913)
Did the "occurrences" for which this cemetery and crematorium seek coverage under their general liability insurance policy take place at the time of their alleged mistreatment of the decedents' remains, or when the families of the decedents, the claimants in the underlying civil lawsuits, learned of the wrongdoing years later?

3 p.m.

A-88/89-10 Vonnie Cornett v. Johnson & Johnson and Cordis Corp. (066671)
In these product liability cases alleging defects in a medical device, are plaintiffs' common-law claims based on defendants' statements about off-label uses preempted by the Food, Drug, and Cosmetic Act, 21 U.S.C.A. §§ 301-399; and are the claims time barred?


Friday, Jan. 27, 2012

10 a.m.

A-58-11 In re: Context of November 8, 2011 Election of Office of New Jersey General Assembly, Fourth District (069853)
Does the residency requirement for holding a State legislative office set forth in N.J. Const. art. IV, §1, ¶ 2, violate the United States Constitution?


Wednesday, Jan. 18, 2012

10 a.m.

A-107-10 American Dream at Marlboro, L.L.C. v. Planning Bd. of Township of Marlboro (067617)
Did plaintiff demonstrate changed circumstances that warranted vacating the deed restrictions on its property?

A-98-10 New Jersey Assoc. of School Administrators v. Bret Schundler, Comm'r of Education (066789)
Are the regulations imposing limitations on the compensation for school board administrators, N.J.A.C. 6A:23A-1.2 to -22.15, valid?

11:15 a.m.

A-106-10 State v. Shareef Edmonds (067889)
Was the warrantless search of the residence justified under the emergency aid or the community caretaking doctrines based on an unknown informant's report of domestic violence and that the perpetrator had a gun?

1 p.m.

A-114-10 State v. Juan Pablo Santos (067989)
Under what circumstances, if any, may a trial court permit a deported defendant to testify by telephone in an evidentiary hearing on defendant's post-conviction relief application?


Tuesday, Jan. 17, 2012

9:30 a.m.

A-18-11 State v. Thomas J. Shannon (068220)
Was this warrantless daytime search of a motor vehicle on the New Jersey Turnpike permitted under the exigent-circumstances exception and State v. Pena-Flores, 198 N.J. 6 (2009)?

A-117-10 State v. Thomas J. Shannon (067687)
Did sufficient exigent circumstances exist to justify this warrantless search of a vehicle stopped for motor vehicle violations, or was the search unconstitutional pursuant to State v. Pena-Flores, 198 N.J. 6 (2009)?

A-21-11 State v. Antonio C. DeShazo (068233)
Was there probable cause to stop and search this motor vehicle and was its warrantless search permitted under the exigent-circumstances exception and State v. Pena-Flores, 198 N.J. 6 (2009)?

A-23-11 State v. Aaron Crooms (068248)
Was this warrantless search of a motor vehicle in a known drug-trafficking area permitted under the exigent-circumstances exception and State v. Pena-Flores, 198 N.J. 6 (2009)?

A-70/71-10 State v. Alnesha Minitee; State v. Darnell Bland (066771)
Was this warrantless search of the vehicle allegedly used in an armed robbery unconstitutional pursuant to State v. Pena-Flores, 198 N.J. 6 (2009), and did defendant Bland have standing to challenge the search because he had been an occupant before the police seized the vehicle?


Thursday, Jan. 5, 2012

1 p.m.

A-45/46/47-10 Steven J. Winters v. North Hudson Regional Fire & Rescue (066968)
Where the employer's decision to terminate the employee for misconduct was upheld in administrative proceedings and on appeal, may the employee maintain a claim that he was terminated in violation of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8?

2 p.m.

D-19-11 In the matter of Anthony M. Mahoney

D-28-11 In the matter of Kenneth H. Brookman


Wednesday, Jan. 4, 2012

10 a.m.

A-99-10 Joyce McDougall v. Charlot Lamm (067436)
May a dog owner maintain a claim for emotional distress when her pet dog is killed in her presence by another dog?

A-108-10 DYFS v. F.M. (067611)
Was it appropriate to terminate defendant's parental rights under the circumstances presented?

1 p.m.

A-104-10 State v. Marcus King (067265)
Was defendant denied his right to self-representation under the circumstances presented?

A-111-10 State v. Carlton Harris (067929)
Are weapons seized during the execution of a search warrant issued under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, admissible in a criminal prosecution?

2 p.m.

D-167-07/R-1-07 and D-152-10 In the matter of Rachel D. Kaplan

D-4-11 In the matter of Scot D. Rosenthal

D-117-10 In the matter of Donald S. Burak


Wednesday, Nov. 30, 2011

10 a.m.

A-79-10 State v. Reynaldo Galicia (067018)
Did the jury instructions and verdict sheet inappropriately limit the application of the passion/provocation defense?

A-27-09 State v. John Wessells (064599)
Once an accused has invoked his right to counsel, may law enforcement authorities initiate further interrogation after there has been a "break in custody"?

1:15 p.m.

A-11-11 US Bank National Ass’n v. Maryse Guillaume and Emilio Guillaume (068176)
Are defendants entitled to an order vacating the default judgment of foreclosure in part because of deficiencies in the notice of intent to foreclose under the Fair Foreclosure Act, N.J.S.A. 2A:50-56c?

A-95-10 Willie C. Rowe v. Mazel Thirty, LLC (067237)
What standard of care is owed to a police officer injured while conducting a non-emergency building-violations check on a vacant building?

2 p.m.

D-77-10 In the matter of Thomas G. Masciocchi

D-131-10 In the matter of Kevin P. Wigenton


Tuesday, Nov. 29, 2011

11:30 a.m.

A-105-09 Ronald Durando v. The Nutley Sun (065978)
Did plaintiffs in this defamation action provide evidence, sufficient to survive summary judgment, that the inaccurate newspaper headline was published with actual malice?

1:30 p.m.

A-96-10 Jersey Central Power & Light Co. v. Melcar Utility Co. (067444)
Does the Underground Facility Protection Act, N.J.S.A. 48:2-73 to -91, which requires that claims less than $25,000 "shall be subject to an alternative dispute resolution process as established" within the Public Defender's Office of Dispute Settlement ("ODS"), fail to provide sufficient guidance to the ODS; and does the ODS dispute resolution procedure, which mandates binding arbitration, constitute rulemaking in violation of the Administrative Procedure Act?

2 p.m.

D-62-10 In the matter of Paul L. Abramo 

D-150-10 In the matter of Katrina F. Wright


Wednesday, Nov. 9, 2011

10 a.m.

A-109-10 State v. Frensel Gaitan (067613)
Do the decisions in Padilla v. Kentucky, 559 U.S. __, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010) and State v. Nunez-Valdez, 200 N.J. 129 (2009) apply to this non-citizen defendant's argument, raised for the first time in his post-conviction relief petition, that his attorney failed to discuss with him the deportation consequences of his guilty plea?

A-129-10 State v. Rohan Goulbourne (068039)
Should defendant be permitted to withdraw his guilty plea because he was not advised that he had the right to seek legal advice about his immigration status and that he would be deported because of his plea, in light of State v. Nuñez-Valdéz, 200 N.J. 129 (2009), and Padilla v. Kentucky, 130 S. Ct. 1473 (2010), which were decided after he entered his plea?

11:15 a.m.

A-102-10 State v. J.A.C. (067520)
Were the contents of the minor victim's instant messages to other adult males admissible?

1:15 p.m.

A-84/85-10 John Seals v. County of Morris (067441)
Where a vehicle strikes a utility-company owned pole that was placed along a county road many years before local laws regulated such placements, may the utility company or the county be held liable for the injuries sustained in light of Contey v. New Jersey Bell Telephone Co., 136 N.J. 582 (1994), and the New Jersey Torts Claims Act, N.J.S.A. 59:1-1 to 12-3?

2 p.m.

D-100-10 In the matter of Steeve J. Augustin


Monday, Nov. 7, 2011

10 a.m.

A-77-10 W.J.A. V. D.A. (067093)
In this defamation action based on Internet postings accusing a private plaintiff of engaging in sexual misconduct, are damages presumed or must the plaintiff prove actual harm to reputation?

A-80-10 Jamie Gannon v. American Home Products, Inc. (066899)
Where a federal court determined in plaintiff's prior case that he failed to establish that a polio vaccine contaminant causes cancer, does the doctrine of collateral estoppel bar him from re-litigating causation in his state court action against the vaccine manufacturer?

1 p.m.

A-82/83-10 U.S. Bank, N.A. v. Nikia Hough (067029)
Where a lender makes a loan secured by a mortgage on an affordable housing unit that exceeds the amount permitted by the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 to -26.26, is the lender prohibited from seeking to foreclose on the mortgage and, if so, is the underlying debt void as against public policy?

A-78-10 Julia Gere f/k/a Julia Gere Ricker v. Frank A. Louis, Esq. (066926)
Is plaintiff's legal malpractice claim barred under Puder v. Buechel, 183 N.J. 428 (2005), where she resolved a property dispute with her former spouse by entering into a settlement agreement that included a reservation of rights to sue her former attorney?

2 p.m.

M-196-11 In the matter of Joseph F. McGowan, Jr.


Tuesday, Oct. 25, 2011

10 a.m.

A-72-10 May L. Walker v. Carmelo Giuffre (066969)
Did the trial court err in enhancing attorney’s fees by forty-five percent under the circumstances presented?

A-100-10 Bobbie Humphries v. Powder Mill Shopping Plaza and Holly Gardens, Inc. (067267)
Are plaintiffs entitled to an enhanced counsel fee award under the fee-shifting provisions of the Americans with Disabilities Act and the New Jersey Law Against Discrimination?

11 a.m.

A-87-10 State v. Buddy Randolph  (067218)
Where defendant’s sentence was remanded for reconsideration under State v. Yarbough, 100 N.J. 627 (1985), for the sentencing court to explain its decision imposing consecutive terms, did the court err in refusing to consider evidence of defendant’s post-conviction rehabilitation efforts?

1:15 p.m.

A-103-10 State v. Derrick Harris, Sr. (067348)
Was evidence of defendant’s prior criminal convictions admissible under the circumstances?

2 p.m.

D-147-10 In the matter Jose A. Izquierdo, II (068820)


Monday, Oct. 24, 2011

A-60-09 State v. Aurelio Ray Cagno (64,834)
May a co-conspirator’s refusal to testify over a grant of immunity and signal of “thumbs up” to defendant as he left the courtroom at defendant’s first trial be considered at the second trial as overt acts in furtherance of an ongoing racketeering conspiracy, N.J.S.A. 2C:41-2(d); and did the jury charge on termination of a conspiracy improperly shift the burden of proof to defendant to establish that he withdrew from the conspiracy prior to the five-year statute of limitations?

A-65-10 Mazdabrook Commons Homeowners’ Association v. Wasim Kahn (067094)
May a homeowners’ association constitutionally limit the display of homeowners’ signs to only “for sale” signs?

11:30 a.m.

A-73-10 Kamie S. Kendall v. Hoffmann-La Roche, Inc. (066802)
Is plaintiff’s claim involving the medication Accutane® time-barred pursuant to the presumption of the Product Liability Act, N.J.S.A. 2A:58C-4, that FDA-approved warnings provide adequate notice of the risks?

2 p.m.

D-122-10 In the matter of Peter Rosen (068541)

D-134-10 In the matter of Ty Hyderally (068701)    


Wednesday, Oct. 12, 2011

10 a.m.

A-69-10 Kenneth Van Dunk, Sr. v. Reckson Associates Realty Corp. (066949)
Under the circumstances of this case, which include a finding by the federal Occupational Safety and Health Administration that the accident was the result of a “willful violation” of its regulations, did the employer’s action constitute an “intentional wrong” that would preclude immunity under N.J.S.A. 34:15-8 of the workers’ compensation statute?

A-39/40-10 Thomas F. Fox v. Jean Millman (066564)
Is the equitable doctrine of laches available as an affirmative defense when the statute of limitations period has not expired?

1 p.m.

A-61/62-10 Paris Wilson v. City of Jersey City (066782)
Are defendants entitled to governmental immunity from liability based on N.J.S.A. 52:17C-10 (Title 52 immunity) or the particularized immunity provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, for plaintiffs’ claims that unheeded calls to the City’s 9-1-1 system contributed to the victims’ injuries and deaths?

A-60-10 Selective Insurance Co. v. Arthur C. Rothman, M.D. (066630)
May a medical insurer refuse to pay claims for needle electromyography tests (EMGs) performed by a physician assistant (P.A.) on the grounds that a P.A. is not authorized to perform EMGs consistent with N.J.S.A. 45:9-5.2, which provides that EMGs may only be performed by a person “licensed to practice medicine and surgery”?


Tuesday, Oct. 11, 2011

10 a.m.

A-18/19-10 State v. Roy Friedman (066332)
When a defendant is sentenced to serve consecutive terms pursuant to the No Early Release Act (NERA), must the parole supervision periods imposed pursuant to N.J.S.A. 2C:43-7.2(c) run concurrently; and did the plea agreement provision that prohibited defense counsel from advocating for concurrent sentences violate defendant’s right to counsel and due process of law?

A-57/58-10 State v. Krishana L. Hammond (066610)
Can a defendant be placed on probation for a second-degree aggravated assault subject to the No Early Release Act, N.J.S.A. 2C:43-7.2; and if not, what impact does defendant’s probationary sentence have on the subsequent sentences imposed?

1 p.m.

A-48-10 State v. James Mauti (067006)
Does the spousal privilege apply to protect defendant’s wife from being compelled to testify against him under the circumstances presented?

2 p.m.

D-149-10 In the matter of Michele M. Simmsparris

D-153-10 In the matter of Michael Robert Gidro

D-155-10 In the matter of Daniel Ellis


Tuesday, Sept. 27, 2011

10 a.m.

A-67-10 State v. Stanford Yough (066950)
Did the Appellate Division err in reversing the Law Division’s order denying a mistrial based on the victim’s prejudicial comments made during defense counsel’s cross-examination concerning identification?

A-59-10 Michael McDade v. Rodolfo Siazon (067086)
For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, does the discovery rule apply so that plaintiff’s personal injury claim did not accrue until he learned that the pipe that allegedly caused his fall on a sidewalk was owned by the municipal utilities authority (MUA) and not the municipality to whom he sent timely notice and which had the same claims administrator as the MUA?

11:45 a.m.

A-63-10 John Rogers v. Cape May County Office of the Public Defender (067048)
For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, did plaintiff’s legal malpractice claim accrue when the Appellate Division reversed his conviction based on ineffective assistance of counsel or when the indictment against him was subsequently dismissed with prejudice?

2:00 p.m.

M-1036-10 In the matter of Marie M. Dias (067804)


Monday, Sept. 26, 2011

10 a.m.

A-74/75-10 Donald T. Polzo v. County of Essex (066910)
For purposes of liability under the Tort Claims Act, N.J.S.A. 59:4-2, can the County be deemed to have had constructive notice of a dangerous condition on the roadway’s shoulder based, in part, on its failure to have a proactive road inspection program?

A-81-10 State v. Reynold Regis (066947)
Must the State prove that defendant both failed to maintain his lane and that this affected the safety of other drivers to establish a traffic violation under N.J.S.A. 39:4-88(b)?

11:15 a.m.

A-86-10 State v. Shannon Reeves (067193)
In the circumstances presented, were police justified in stopping and frisking defendant for a weapon under State v. Williams, 192 N.J. 1 (2007)?

1 p.m.

A-68-10 State v. Stanley Cliff Smith a/k/a Jerry Johnson (066806)
Did the prosecutor’s comments during summation constitute misconduct warranting a new trial, and should the co-defendant’s telephone toll records have been suppressed?


Tuesday, Sept. 13, 2011

10 a.m.

A-14-10 State v. Danny Lazo (066199)
Did the trial court err in admitting into evidence a prior arrest photograph of defendant and the testimony of a police officer about that photo and the officer’s inclusion of a different photo of defendant in the array shown to the victim?

11 a.m.

A-51/52-10 Cast Art Industries, LLC v. KPMG, LLP (066891)
Did the plaintiff’s evidence satisfy the prerequisites of the Accountant Liability Act, N.J.S.A. 2A:53A-25, for imposing upon an accountant a duty of care to a party other than the accountant’s client?

1 p.m.

A-53-10 Mark Tannen v. Wendy G. Tannen (066951)
Under the circumstances of this case, is it proper to impute income to defendant based on her beneficial interest in a discretionary trust for purposes of determining plaintiff’s alimony and child support obligations?

D-100-10 In the matter of Steeve J. Augustin


Monday, Sept. 12, 2011

10 a.m.

A-56-10 State v. Sally A. McDonald (066773)
Where defendant was previously sentenced to an extended term, did the trial court abuse its discretion in sentencing her to a consecutive extended term for an offense committed prior to the former sentence?

A-64-10 State v. Kevin J. Hudson (066660)
Did the court abuse its discretion in imposing a consecutive extended term where defendant was previously sentenced to an extended term for charges originating from the same indictment, but which involved a separate crime against a different victim and for which he had a separate trial?

11 a.m.

A-49/50-10 State v. Demetrius M. Diaz-Bridges (067065)
Did defendant invoke his right to remain silent by asking to speak to his mother or by stating that he wanted to go home and could not answer any more questions?

1 p.m.

A-54/55-10 Vandella Davis v. Devereux Foundation (066800)
Does an institution that cares for the mentally disabled have a non-delegable duty to protect its residents from harm?

2 p.m.

A-66-10 Borough of Sayreville v. 35 Club, L.L.C. t/a XXXV Gentlemen’s Club (067092)
In determining whether N.J.S.A. 2C:34-7(a), which prohibits sexually oriented businesses within 1000 feet of a public park or residential zone, is unconstitutional as applied, may the trial court consider whether out-of-State locations are adequate alternative sites for such businesses?

D-130-10 In the matter of Leonard S. Needle

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