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Supreme Court Agendas Court Year 2012-2013

(most recent at top)

May 14, 2013

10 a.m.

A-3/4-12 State v. Gene Hinton (070386)
Did defendant have a constitutionally protected expectation of privacy in the contents of his mother’s apartment at the time police engaged in a warrantless search after a report that drugs were observed by the Special Civil Part employee who performed the court-ordered lock-out in the landlord-tenant matter?

A-117-11 Norfolk Southern Railway Co. v. Intermodal Properties, L.L.C. (070240)
Are the requirements of N.J.S.A. 48:17-7 and N.J.S.A. 48:12-35.1 for a public utility's acquisition of private property through eminent domain satisfied under the circumstances of this case?

1 p.m.

A-116-11 Division of Youth & Family Services v. R.G. and J.G. (069970)
Under the circumstances of this case involving an incarcerated parent, did DYFS establish all four prongs of the best-interests test under N.J.S.A. 30:4C-15.1(b) by clear and convincing evidence, as required to terminate J.G.'s parental rights?

2 p.m.

D-105-12 In the matter of Feng Li (072431)


May 13, 2013

10 a.m.

A-120-11 Borough of Harvey Cedars v. Harvey Karan and Phyllis Karan (070512)
Did the public construction of a twenty-two-foot high dune to protect against hurricanes and severe storms, for which the municipality condemned an easement on the homeowners’ beachfront property and which partially blocks their ocean view, confer a special benefit on the property beyond the general benefit for which the dune was constructed?

A-11-12 In the Matter of the Commitment of J.B. (070469)
Where defendant was found not guilty by reason of insanity and was institutionally confined under State v. Krol, 68 N.J. 236 (1975), and the initial trial judge orally provided for a max-out date on the record but did not include such a date in the commitment order, did the Appellate Division err in affirming a subsequent trial judge’s order that provide for a different max-out date?

1:00 p.m.

A-9-12 Michael E. Hirsch v. Amper Financial Services, LLC (070751)
In this action involving multiple parties that arises out of a purchase of securitized notes, can plaintiffs be compelled to arbitrate their claims against parties with whom they did not have an agreement to arbitrate on the basis that legal and factual issues and the relationships among the parties are intertwined?

A-110-11 State v. Joseph Diorio (069597)
Were the theft by deception and money laundering charges against the defendant time-barred by the statute of limitations?

2:00 p.m.

A-7-12 State v. William O’Driscoll (070438)
Was defendant “informed” of the consequences of refusing to submit to a breath test as required to sustain a conviction for refusal under N.J.S.A. 39:4-50.4a(a), where the officer read to defendant an outdated version of the New Jersey Motor Vehicle Commission Standard Statement that did not reflect the current, increased penalties for refusal?


Apr. 30, 2013

10 a.m.

A-133-11 Kern Augustine Conroy & Schoppmann, P.C. v. E. Bruce DiDonato (070534)
May a law firm recover attorneys’ fees for representing itself in a collection action against a former client, and was it error to apply a sixteen percent interest rate on the past due balance as a “commercially reasonable” rate?

A-105-11 State v. Amir Andrews (069594)
When defense counsel was found to have used peremptory challenges to unconstitutionally discriminate against potential jurors, must the trial court discharge the entire jury panel and begin jury selection anew pursuant to State v. Gilmore, 103 N.J. 508 (1986)?

11 a.m.

A-1-12 State v. Santino J. Micelli (070453)
Where the Appellate Division determined under State v. Herrera, 187 N.J. 493 (2006), that the out-of-court identification resulted from an impermissibly suggestive identification procedure, was it appropriate for that court to exercise original jurisdiction to decide whether the identification was nonetheless reliable under the totality of the circumstances?

1 p.m.

A-2-12 Potomac Ins. Co. of Illinois v. Pennsylvania Mfrs.’ Ass’n Ins. Co. (070756)
Where an insurer with a duty to defend settles a claim with a common insured, does another insurer have a right to seek contribution for its defense costs directly from the settling insurer?

2 p.m.

D-66-12/M-793-12 In the matter of Louis M.J. DiLeo (072095)

 


Apr. 29, 2013

10 a.m.

A-126-11 Borough of Saddle River v. 66 East Allendale, LLC (070525)
In this action to take defendant’s property by eminent domain, did the trial court err in waiting until after the evidence was presented to determine that the jury could consider the probability of a zoning change in assessing the property’s fair market value, pursuant to State, by Commissioner of Transportation v. Caoili, 135 N.J. 252 (1994)?

A-50-12 State v. Giuseppe Tedesco (072323)
Can a trial court compel a defendant to appear at sentencing on the application of a victim?

11 a.m.

A-6-12 Karen Cole v. Jersey City Medical Center and Liberty Anesthesia Associates, LLC (070542)
In this employment dispute, did defendant waive its right to compel arbitration under its employment contract with plaintiff because it participated in the Superior Court action until three days before the case was scheduled for trial?


Apr. 17, 2013

10 a.m.

A-124-11 TSI East Brunswick LLC v. Zoning Bd. of Adjustment of the Twp. of East Brunswick (070383)
What quality of proofs are required to satisfy the negative criteria for the issuance of a conditional use variance pursuant to N.J.S.A. 40:55D-70(d)(3)?

A-128-11 State v. K.W. (070650)
Does the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34, require the suppression of evidence obtained through a consensual intercept of a phone conversation between the minor victim and the defendant because final approval for the intercept was obtained after the call ended?

1 p.m.

A-86/87-11 Michael Battaglia v. United Parcel Service, Inc. (069405)
Was plaintiff engaged in “protected activity” under the New Jersey Law Against Discrimination (NJLAD) or the Conscientious Employee Protection Act (CEPA) such that his employment demotion constituted retaliation entitling plaintiff to damages, or should defendant have been granted judgment notwithstanding the verdict or a new trial?

2 p.m.

D-112-11 In the matter of Amedeo A. Gaglioti


Apr. 16, 2013

10 a.m.

A-108-11 State v. Richard Ramon Gardner (069345)
Was defendant denied his right to testify in the second, separate trial on the certain persons not to have weapons charge, N.J.S.A. 2C:39-7a, under the circumstances?

A-113-11 State v. Derrick Brown (070200)
Under the circumstances, did police officers investigating narcotics transactions possess a reasonable basis to conclude that a Camden house was abandoned, thereby entitling the police to enter and search the interior of the premises without a search warrant?

1 p.m.

D-46-12 In the matter of Bryan C. Schroll

D-32-12 In the matter of Michael A. Casale


Mar. 12, 2013

10 a.m.

A-100-11 Darnice Green v. Morgan Properties (069540)
Where provisions in plaintiffs' residential leases provide for the landlords' recovery of specific amounts as attorney's fees, have plaintiffs stated a cause of action under the Consumer Fraud Act or for negligent misrepresentation based on their allegation that the charges exceed the landlords' actual cost for in-house legal representation and thus results in illegal fee sharing?

A-99-11 State v. Troy N. Nate (069314)
Should defendant's conviction of the charge of possession of a weapon for an unlawful purpose be merged with the aggravated manslaughter conviction?

1 p.m.

A-112-11 Paul Emma v. Jessica Evans (070071)
Does the presumption in favor of the parent of primary residence seeking a surname change of a minor child, which presumption was established by Gubernat v. Deremer, 140 N.J. 120 (1985) where a child's parents were unmarried, apply for a child whose parents subsequently divorce?

2 p.m.

D-158-11 In the matter of Raymond T. Roche

D-63-12 In the matter of Jeffrey P. Squitieri


Mar. 11, 2013

10 a.m.

A-119-11 State v. Shaffona Moran (069967)
Did the trial court err by engaging in ex parte communication with the deliberating jury and in permitting the jurors to take written jury instructions home with them to review over the weekend?

A-111-11 Jonathan Bond v. Wendy Bond (069972)
Can the creation of a special needs trust justify the elimination of a parent's obligation to pay child support to the primary residential parent of a special needs child; and did the judge err by failing to, sua sponte, appoint a guardian ad litem to represent the special needs child's interests as they relate to child support and special needs planning?

1 p.m.

A-109-11 State v. Samander S. Dabas (069498)
Was defendant entitled to an adverse-inference charge based on the police officer's destruction of contemporaneous interrogation notes?

A-103-11 Harlan W. Waksal v. Director, Div. of Taxation (069599)
May these taxpayers follow federal accounting rules to deduct a non-business bad debt as a capital loss on their New Jersey gross income tax returns in accordance with Koch v. Director, Division of Taxation, 157 N.J. 1 (1999)?


Feb. 27, 2013

10 a.m..

A-89-11 State v. John J. Lawless, Jr. (069703)
Are injured passengers who are family members of the person killed in an automobile accident "victims" for sentencing purposes under aggravating factor two, N.J.S.A. 2C:44-1.a.(2), when defendant pled guilty only to aggravated manslaughter and not to charges involving the family members?

A-62-11 Willingboro Mall, Ltd. v. 240/242 Franklin Ave., L.L.C. (069082)
Is an oral settlement agreement reached during non-binding mediation but not reduced to writing until after the mediation concluded enforceable under the circumstances presented?

11:30 a.m.

A-31-11 Amratlal C. Bhagat v. Bharat A. Bhagat (068213)
In these circumstances involving a transfer of stock in a family business from father to son, was the standard for summary judgment properly applied to determine that, due to the high burden of proof needed to overcome the presumption that such a transfer is a gift, no rational factfinder could find that this was a conditional transfer instead of a gift?

1:15 p.m.

A-98-11 State v. Antoine Stevens (069313)
Did defendant present a prima facie case of ineffective assistance of counsel entitling him to an evidentiary hearing on his application for post-conviction relief from a conviction of possession with intent to distribute heroin without 500 feet of a public park, where his trial attorney did not investigate and present evidence establishing that the distance from defendant's arrest to the public park exceeded 500 feet?

2 p.m.

D-31-12 In the matter of Neil A. Malvone

D-61-12 In the matter of Christopher P. Hummel


Feb. 26, 2013

10 a.m.

A-95-11 Kelly Ruroede v. Borough of Hasbrouck Heights (069484)
Where the trial court vacated and remanded a non-civil-service municipality's administrative decision to terminate a police officer, was it error to order reinstatement to inactive status with back-pay pending additional disciplinary hearings under N.J.S.A. 40A:14-147 to -151?

A-96/97-11 Kane Properties, L.L.C. v. City of Hoboken (069676)
Where plaintiff, a developer of a planned 12-story residential building, applied for zoning variances under N.J.S.A. 40:55D-70(d), for residential use and exceeding story and building height restrictions, was city council's disapproval of the zoning board's grant of the variances tainted by a conflict of interest created by the involvement of a city attorney who previously represented the operator of a nearby residential building that challenged plaintiff's application; and if so, what is the appropriate remedy?

12:30 p.m.

A-23-10/A-26-11 In the Matter of Advisory Letter No. 3-11 and Opinion No. 12-08 of the Supreme Court Committee on Extrajudicial Activities (066271)
Consistent with the Canons of Judicial Conduct, can a part-time municipal court judge also pursue a career as a comedian and actor, including appearing on a weekly television program, using a fictitious name?

1 p.m.

A-92-11 State v. Kin Chi Wong a/k/a Xi Yi Gao (068675)
Should the trial court have granted defendant's motion for judgment of acquittal on the charge of accessing a computer with a scheme to defraud in violation of N.J.S.A. 2C:20-25?

2 p.m.

M-649-12 In the matter of Thomas A. Clark

D-48-12 In the matter of Vincent Paragano


Jan. 29, 2013

10 a.m.

A-53-11 State v. Thomas W. Earls (068765)
Was defendant's arrest valid where law enforcement officers used information from defendant's cell phone provider about the general location of the cell phone; and did the plain view exception to the warrant requirement apply in these circumstances?

A-70-11 State v. Bernard Youngkin (069109)
Was defendant denied effective assistance of counsel entitling him to withdraw his guilty plea to criminal restraint because he was not warned that although he did not plead guilty to a predicate sexual offense, the State could later seek his civil commitment under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38?

11 a.m.

A-82/83-11 Anthony D'Agostino v. Ricardo Maldonado (068940)
Was the mortgage-rescue transaction in this matter a sale of "merchandise" bringing it within the purview of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -184?


Jan. 28, 2013

10 a.m.

A-127-11/A-14-12 In re Plan for the Abolition of the Council on Affordable Housing (070426)
Pursuant to the Executive Reorganization Act of 1969, N.J.S.A. 52:14C-1 to -11, may the Governor abolish the Council on Affordable Housing, an independent agency that was created by the Legislature through the enactment of the Fair Housing Act, N.J.S.A. 52:27D-301 to -329, and transfer the duties, responsibilities and obligations of that agency to the sole authority of the Commissioner of the Department of Community Affairs?

A-93-11 State v. Bruce D. Sterling (068952)
Should the first trial involving two separate sexual assaults and a separate burglary have been severed and was evidence of that burglary improperly admitted as other-crimes evidence in the second trial for a third, separate sexual assault charge?

1 p.m.

A-65-11 Estate of Frederick Hetmanski v. Rahway Hospital (069229)
In this wrongful death case involving a psychiatric patient who committed suicide while under defendants' care, should the jury have been instructed that defendants owed decedent a special duty of care to prevent him from engaging in self-destructive behavior, and was the jury properly instructed that it could not consider decedent's conduct when determining the issues of liability or causation?


Jan. 15, 2013

10 a.m.

A-50-11 In The Matter Of The Liquidation of Integrity Insurance Company/The Celotex Asbestos Trust (068970)
Is the insured collaterally estopped from obtaining coverage because a prior decision of a bankruptcy court held that the insured failed to provide a proper notice of claim under the relevant insurance policies?

A-91-11 State v. Oscar Porter (069223)
Was defendant entitled to an evidentiary hearing on his petition for post-conviction relief under the circumstances?

1 p.m.

A-72/73/74/75/76/77/78/79-11 Advance Housing, Inc. v. Township of Teaneck (069436)
Are real properties owned by a non-profit corporation that provides housing and other services for individuals with severe psychiatric disabilities exempt from property taxes under N.J.S.A. 54:4-3.6 when the non-profit receives partially-subsidized rent from the individuals and does not require that that they participate in the non-profit's services?


Jan. 14, 2013

10 a.m.

A-81-11 Division of Youth & Family Services v. I.S. (069672)
Did the trial court have authority to enter an order continuing Division of Youth and Family Service's care, supervision, and custody of this child in the absence of a finding of abuse or neglect?

A-88-11 State v. Eric Clemente Rangel (069204)
Under N.J.S.A. 2C:14-2(a)(3), which makes it first-degree sexual assault if the "act of sexual penetration of another person" is committed under the circumstance of "aggravated assault on another," must the aggravated assault be on a person other than the sexual assault victim?

1 p.m.

A-66-11 Alex Perez v. Professionally Green LLC (069482)
Are plaintiffs who prove a technical violation of the Consumer Fraud Act, N.J.S.A. 56:8-2 to -20, but whose claim is dismissed as a matter of law at trial for failing to provide sufficient proof of an ascertainable loss, entitled to recover attorney fees and costs?

A-57-11 Daniel Angland v. Mountain Creek Resort, Inc. (069461)
Does the New Jersey Ski Statute, N.J.S.A. 5:13-1 to -12, which establishes standards of care for ski area operators, also govern liability of individual skiers?


Jan. 3, 2013

10 a.m.

A-38 & A-102-11 Robert Sipko v. Koger, Inc. (068417)
Was the gift of stock to plaintiff conditioned on his continued employment and did he surrender his interest in the corporations?

A-90-11 State v. Michael B. Franklin (068861)
Was it error for the State to have questioned defendant during the trial about his refusal to give a urine sample or to sign a consent for diagnosis and treatment while at the hospital?

Noon

A-85-11 State v. Angelina Nicole Carlucci (069183)
Were defendant's statements about her recent drug use, which were made before being informed of her Miranda rights in response to questioning by an investigating officer about drugs found at the defendant's place of employment, admissible?


Jan. 2, 2013

10 a.m.

A-69-11 State v. Angel Hernandez (068980)
In light of defendant's duress defense to the murder charge, was it plain error that the jury verdict sheet did not state that a finding of duress would result in a manslaughter conviction?

A-41-11 State v. Blaine F. Scoles (069212)
Subject to a protective order under Rule 3:13-3, should the defense be permitted to obtain the computer-based information containing the alleged child pornography that defendant is charged with possessing and e-mailing, or may defendant be restricted to reviewing the evidence against him at a State facility?

1 p.m.

A-42-11 Farmers Mut. Fire Ins. Co. v. N.J. Prop.-Liab. Ins. Guar. Ass'n (068824)
Must the New Jersey Property-Liability Insurance Guaranty Association (PLIGA), which stands in the shoes of insolvent insurers, indemnify a solvent insurer for environmental cleanup costs according to the allocation method developed in Owens-Illinois, Inc., v. United Insurance Co., 138 N.J. 437 (1994), or does a 2004 amendment to the PLIGA Act, N.J.S.A. 17:30A-1 to -20, control and require exhaustion of coverage from solvent insurers before PLIGA must contribute?

A-40-11 Frank J. Nostrame v. Natividad Santiago (068651)
May this attorney who was terminated by his client maintain an action against the client's new attorney for tortious interference with contract under the circumstances?


Nov. 28, 2012

10 a.m.

A-68-11 State v. Robert Handy (069022)
If a defendant with a history of mental illness wishes to have a jury trial to put the State to its burden of proving the charges against him beyond a reasonable doubt, must the defendant first submit to a bench trial restricted to the issue of insanity?

A-64-11 State v. Osborne S. Maloney (068877)
Was the trial court required to charge the jury on accomplice liability in this trial for crimes that included armed robbery?

1 p.m.

A-39-11 In the Matter of John C. Johnson, Cape May County (068900)
Did the Civil Service Commission abuse its discretion in reclassifying this county employee's title from an unclassified prosecutor's agent, a position he served since 1984, to a classified property clerk?

A-67-11 State v. Jarrett Parker (068966)
Did the prosecutor's references to defendant's prior use of aliases to impeach his credibility deprive defendant of a fair trial?


Nov. 27, 2012

11:30 a.m.

A-12-11 IMO Advisory Letter No. 7-11 of Supreme Court Advisory Comm. on Extrajudicial Activities (068633)
May petitioner continue to sit as a municipal court judge in light of his son's appointment as a police officer in the same municipality?

1:30 p.m.

A-63-11 State v. A.R. (068957)
Did the trial court commit reversible error by permitting the jury to access during their deliberations in the jury room the videotaped interviews of both the victim and defendant?

A-60/61-11 Town of Kearny v. Louis F. Brandt (068992)
May defendants who were granted summary judgment pursuant to the Statute of Repose be considered parties for purposes of apportioning liability to the remaining defendants under the Joint Tortfeasor Contribution Law, N.J.S.A. 2A:53A-1 to -5, and the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8?

2 p.m.

D-156-11 In the matter of Randi Kern Franco


Nov. 14, 2012

10 a.m.

A-90/91/92/93/94-10 I/M/O Adoption of N.J.A.C. 5:96 and 5:97 by The New Jersey Council on Affordable Housing (067126)
Are these "third-round" rules adopted by the Council on Affordable Housing under the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19, which establish municipalities' obligations to provide affordable housing, invalid because they include a compliance mechanism that involves use of a "growth share methodology"?


Nov. 5, 2012

10 a.m.

A-52-11 Ten Stary Dom Partnership v. T. Brent Mauro (069079)
Was the planning board's denial of defendant's application for a zoning variance due to insufficient frontage under N.J.S.A. 40:55D-70 of the Municipal Land Use Law arbitrary, capricious, and unreasonable because it was based in part on consideration of flooding and drainage concerns?

A-46-11 Larry Price v. Himeji, LLC & Union City Zoning Bd. Of Adjustment (068971)
Did the Zoning Board of Adjustment properly approve an application for a special reasons variance to construct an apartment building on this property, and did the Appellate Division err in ruling on challenges to the approval that the trial court did not address?

1 p.m.

A-55-11 State v. Keith R. Buckley (069494)
In this trial on charges of vehicular homicide, was evidence about the victim's failure to wear a seat belt and about the placement of a utility pole admissible on the issue of causation?

A-56-11 State v. Cesar Albert Vargas (069449)
Where police entered an apartment in response to the landlord's 9-1-1 call in which the landlord stated that the tenant had not been seen or heard from for more than two weeks, was evidence seized during the entry admissible in a criminal proceeding against the defendant under the community caretaking exception to the warrant requirement?

2 p.m.

D-1-12 In the matter of Eugene M. La Vergne (071541)


Oct. 23, 2012

10 a.m.

A-36-11 State v. Askia Nash (068546)
Did defendant establish ineffective assistance of counsel warranting a new trial where his trial attorney did not call potential witnesses who later provided written certifications in a civil action that corroborated defendant's claims?

A-116-10 New Jersey Dep't of Envtl. Protection v. Robert and Michelle Huber (065540)
Was the entry by the Department of Environmental Protection onto private property without a warrant for purposes of conducting an inspection and testing permissible under the circumstances presented?

1 p.m.

A-54-11 State v. John J. Rockford, III (069106)
Did use by police of a flash-bang device require suppression of evidence seized from defendant's home under these circumstances?

2 p.m.

D-36-11 In the matter of Charles X. Gormally

D-98-11 In the matter of Sean A. Smith

D-37-11 In the matter of Cathy C. Cardillo


Oct. 22, 2012

10 a.m.

A-13-11 612 Associates, LLC v. North Bergen Municipal Utilities Authority (067931)
Under the Sewerage Authorities Law, N.J.S.A. 40:14A-1 to -45, and the Municipal Land Use Law, N.J.S.A. 40:14B-1 to -78, is the sewerage authority to which a housing development is directly connected solely entitled to the sewerage connection fee, or is the neighboring sewerage authority that ultimately treats the effluent entitled to an equitable share of the fee?

A-53-11 State v. Thomas W. Earls (068765)
Was defendant's arrest valid where law enforcement officers used information from defendant's cell phone provider about the general location of the cell phone; and did the plain view exception to the warrant requirement apply in these circumstances?

1 p.m.

A-123-10 Larissa 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?
Question of law certified by U.S. Court of Appeals for Third Circuit, accepted 6/30/11

A-37-11 Doreen Longo v. Pleasure Productions, Inc. (069257)
In this case arising under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8, is the employer entitled to a new hearing on punitive damages because the trial court declined to instruct the jury that a precondition to such an award was a finding that "upper management" actively participated in or was willfully indifferent to the violation of plaintiff's rights?

2 p.m.

M-1741-11 In the matter of Christopher J. Kirkwood

M-1725-11 In the matter of Maria M. Dias

M-1916-11 In the matter of Neil L. Gross


Oct. 11, 2012

10 a.m.

A-6/7-11 Edward Nicholas v. Dr. Christopher Mynster (068439 & 68440)
Under the Patients First Act, N.J.S.A. 2A:53A-41(a), may an expert testify against a physician who is certified by the American Board of Medical Specialties if the expert is not certified in the same specialty but practices "similar" medicine?

A-49-11 State v. Rashad Walker a/k/a Derrick Moss (068742)
Where police knocked on defendant's door based on an anonymous tip that a man was selling illegal drugs there, and defendant opened the door while smoking a marijuana cigarette, did the State establish both probable cause and non-police-created exigent circumstances justifying the warrantless search of defendant's apartment?

11 a.m.

A-51-11 State v. Larson O'Connor & Corey Moore (068845)
Was this warrantless search of a motor vehicle, based on an anonymous tip to a police officer's work cell phone that the occupants were displaying a firearm, a valid protective search under Michigan v. Long, 463 U.S. 1032 (1983), or permitted by the automobile exception and State v. Pena-Flores, 198 N.J. 6 (2009)?

1:30 p.m.

A-25-11 In the Matter of Subpoena Duces Tecum on Custodian of Records, Crim. Div. Manager, Morris County (068596)
Is information that defendant provided to the Superior Court, Criminal Division in applying for Public Defender representation protected by the attorney-client privilege?


Oct. 10, 2012

10 a.m.

A-47-11 State v. Michael Cahill (068727)
Were defendant's motor vehicle violations properly dismissed on the basis that he was denied a speedy trial?

A-14-08 Petition for Review of the Letter Decision of the Committee on Attorney Advertising, Docket No. 47-2007 (62,134)
Can a mediation center that employs attorneys who also perform legal services use the name "Alpha Center for Divorce Mediation" followed by the name of the attorney who is the managing partner consistent with RPC 7.1 and RPC 7.5 of the Rules of Professional Conduct?

1 p.m.

A-5-11 Northgate Condo. Assoc., Inc. v. Borough of Hillsdale Planning Bd. (067794)
In this action challenging preliminary site plan approval for a development, did plaintiff waive the right to challenge the developer's notice and, if not, was the notice sufficient to apprise the public about the subject property even though it misidentified the tax map description of the property?


Sept. 25, 2012

10 a.m.

A-29/30-11 D.D. v. Univ. of Medicine & Dentistry of N.J. and Rutgers, The State Univ. of N.J. (068812)
Was it an abuse of discretion for the trial court to grant this plaintiff permission to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9, under the circumstances presented?

A-48-11 State v. Don C. Shaw (068741)
Was the discovery of an outstanding arrest warrant an intervening circumstance sufficient to dissipate the taint from the prior unlawful stop?

1 p.m.

D-91-11 In the matter of Robert A. Solomon

D-94-11 In the matter of Joseph R. Giannini

D-141-11 In the matter of Mark G. Yates


Sept. 24, 2012

10 a.m.

A-32-11 Prime Accounting Dep’t v. Township of Carney’s Point (068380)
Where this complaint to challenge a tax assessment did not correctly identify the taxpayer and instead named a former tenant’s accounting department, which never owned or leased the property but was listed on the municipal tax bill, should the taxpayer be permitted to amend the complaint to add itself as sole plaintiff to avoid dismissal for lack of standing?

A-27-11 State v. Ralph Sowell (068245)
Did the State’s expert testimony responding to hypothetical questions about whether a drug deal took place constitute plain error warranting a new trial?

11:30 a.m.

A-24-11 Borough of East Rutherford v. East Rutherford PBA Local 275 (068872)
Did the arbitrator have authority to require that the Borough reimburse the union members five dollars of the ten-dollar co-pay for physician visits mandated by the State Health Benefits Plan, N.J.S.A. 52:14-17.29(C), until the expiration of the current collective bargaining agreement?


Sept. 11, 2012

10 a.m.

A-35-11 State v. Terrence Miller (068558)
Did the denial of defense counsel’s adjournment request require a new trial because defendant, through no fault of his own, was assigned a new attorney who he did not meet until the scheduled trial date?

A-3-11 Estate of Naitil Desir v. Jean Robert Vertus (067899)
May a person who does not specifically convey his suspicion about an intruder when he asks a friend to help with “something going on” at his home office be held liable for his friend’s death caused by a third party’s criminal act when the friend went to investigate?

1:15 p.m.

A-22-11 Sang Chul Lee and Jun Gil Lee v. Young Rah (068927)
Under the circumstances of this legal malpractice action, do New Jersey courts have personal jurisdiction over defendant, a New York attorney?

2 p.m.

D-124-11 In the matter of Kenneth P. Sirkin

D-128-11 In the matter of Yong-Wook Kim

M-1741-11 In the matter of Christopher J. Kirkwood


Sept. 10, 2012

10 a.m.

A-28-11 Div. of Youth & Family Servs. v. A.L. (068542)
May evidence of a mother’s drug use during pregnancy and test results showing cocaine in the newborn baby’s system, without more, support a finding of child abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b)?

A-17-11 Valeria Headen v. Jersey City Board of Education (068598)
Are school districts that have adopted the New Jersey Civil Service Act, N.J.S.A. 11A:1-1 to :12-6, which applies to “full-time political subdivision” civil servant employees, required to extend vacation leave pursuant to that statute to the district's ten-month food service employees?

1 p.m.

A-43-11 State v. Kevin M. Campfield (068666)
Did defendant provide a sufficient factual basis to support his plea of guilty to reckless manslaughter?

2 p.m.

D-67-11 In the matter of Jerrold N. Kaminsky

D-125-11 In the matter of Kim Andre Fellenz

D-136-11 In the matter of John G. Takacs

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