Supreme Court Agendas Court Year 2013-2014
(most recent at top)
Nov. 19, 2013
A-42-12 In the Matter of the Civil Commitment of D.Y. SVP 491-08 (071464)
Is there a constitutional right to self-representation at a commitment hearing under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38?
A-59-12 Cheryl Hersch v. County of Morris(071433)
Did this employee’s injuries, which occurred when she was struck by a car while walking across a public street to her place of employment from a privately owned garage in which she parked her car at her employer’s expense, arise out the course of her employment entitling her to benefits under the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142?
A-118-11 State v. Ra-King J. Allen, Sr. (069823)
Under the circumstances of this case, was it proper for the police officer to conduct a warrantless search of items in the trunk of a car that was in the process of being impounded?
D-63-12 In the matter of Jeffrey P. Squitieri
Nov. 18, 2013
A-16-12 Martin O’Boyle v. Borough of Longport (070999)
Are the documents requested from the Borough protected from access under the Open Public Records Act because they are protected by the attorney work-product privilege and common interest doctrine?
A-40-12 State v. Raymond D. Kates (070971)
Under the circumstances, did the denial of defendant’s request for a continuance to hire a private attorney deny defendant his constitutional right to counsel of his choice?
A-73-12 James Hitesman v. Bridgeway Inc. (072466)
Can a professional code of conduct, which governs the conduct of licensed nurses but not their employers, support a nurse’s objectively reasonable belief that his employer’s conduct constituted “improper quality of patient care” under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8?
M-1557-12 In the matter of Anthony J. Balliette
Nov. 6 , 2013
A-44-12 State v. Carlos Bolvito (071493)
May a sentencing court consider a defendant’s ability to pay when imposing a Sex Crime Victims Treatment Fund penalty under N.J.S.A. 2C:14-10(a)?
A-38-12 State v. Kenneth W. Verpent (071272)
Did the trial court err in denying defendant’s motion to suppress the results of the urine test; did the trial court abuse its discretion in admitting certain expert testimony that was allegedly beyond the scope of the expert’s qualifications; and did the trial court impermissibly allow expert testimony on the ultimate issue of fact?
A-32-12 C.A. v. Eric Bentolila, M.D. (071702)
Is the hospital memorandum concerning the circumstances surrounding plaintiff’s birth privileged from disclosure under the confidentiality provisions of the Patient Safety Act, N.J.S.A. 26:2H-12.23 to -12.25?
Nov. 4 , 2013
A-101/106-11 Lorraine Gormley v. Latanya Wood-El (069717)
Are defendants entitled to qualified immunity in this case alleging violation of a constitutional right to substantive due process for failing to protect plaintiff while she was providing legal services to her involuntarily-committed client?
A-29-12 Isabel Nichols v. Board of Trustees, Public Employees’
Retirement System (071285)
For purposes of an application for accidental disability retirement benefits under N.J.S.A. 43:15A-43, did the employee’s fall on an ice-covered entrance into the workplace approximately one-half hour before her designated start time occur “during and as a result of the performance” of her “regular and assigned duties”?
A-45-12 State v. Kirby Lenihan (071497)
Can a violation of the “seat belt law,” N.J.S.A. 39:3-76.2f, be a predicate offense to support a criminal conviction under N.J.S.A. 2C:40-18(b), which prohibits knowingly violating a law or failing to perform a duty imposed by a law intended to protect the public health and safety and recklessly causing serious bodily injury?
Oct. 22 , 2013
A-15-12 State v. Byseem T. Coles (070653)
Did defendant’s aunt have the authority to consent to a search of defendant’s bedroom in her home, for which defendant was paying rent; and did the failure of the police to ask defendant, who was in custody nearby, for his consent, render the ensuing search unlawful and the seized evidence subject to suppression?
A-37-12 State v. Michael Lamb (071262)
Was consent by an occupant to search the premises constitutionally effective against a third party when an absent cotenant has objected to the search?
A-17-12 Manahawkin Convalescent v. Frances O’Neill (071033)
Does the “learned professional” exception preclude application of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, to a nursing home?
D-153-12 In the matter of Steven E. Savage
D-169-12 In the matter of John E. Tiffany
Oct. 21 , 2013
A-107-11 Princeton Office Park, LP v. Plymouth Park Tax Services,
Under New Jersey law, does the purchaser of a municipal tax sale certificate hold a tax lien?
A-115-11 State v. Carl Hreha (070222)
Did defendant voluntarily waive his Miranda rights or should his confession have been suppressed under the circumstances?
Oct. 8 , 2013
A-27-12 State v. David M. Gibson (070910)
Under the circumstances of this case, was there probable cause to arrest defendant for defiant trespass and was defendant properly subject to a subsequent search at the police station?
A-8-12 State v. Kelvin Williams (071306)
Do the circumstances of this case, including defendant’s statement that he had a bomb and the fact that his hooded sweatshirt could have concealed a bomb, support a finding of armed robbery by simulation or did the trial court err in denying the motion for acquittal?
A-35-12 State v. Christopher Dekowski (071019)
Do the circumstances of this case, including defendant’s unusual behavior and handing a bank teller a note that demanded money and stated he had a bomb, support a finding of first-degree armed robbery by simulation, or must the conviction be reduced to second-degree robbery because there was no evidence defendant actually had a bomb or other weapon?
Oct. 7 , 2013
A-13-12 Judy Komlodi v. Ann Picciano, M.D. (071301)
Under the circumstances of this case, did the trial court err in instructing the jury to consider whether the patient’s drug addiction and alcohol abuse were pre-existing conditions that proximately caused the injuries she suffered when she orally ingested pain medication contained in patches prescribed for external application to the skin?
A-39-12 In the Matter of the Expungement Application of D.J.B. (070973)
Must prior delinquency adjudications for acts that would have been crimes if committed by an adult be counted when considering an application under N.J.S.A. 2C:52-2 for expungement of a subsequent offense committed as an adult, in light of N.J.S.A. 2C:52-4.1, which provides that for expungement purposes “any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult”?
A-26-12 Nowell James v. New Jersey Manufacturers Insurance Co. (071344)
Does N.J.S.A. 17:28-1.1(f), which amended the statute on uninsured and underinsured motorists to prohibit use of “step-down” provisions to reduce coverage available to an insured’s employees, apply retroactively to claims arising out of accidents that occurred and policies in existence prior to the effective date of the amendment; and if so, should the doctrine of manifest injustice be applied to bar retroactive application in this case?
Sept. 24 , 2013
A-25-12 Estate of Stanley Kosakowski v. Director, New Jersey Division of Taxation (071319)
Does the doctrine manifest injustice bar the retroactive application of amendments to the estate tax statute, N.J.S.A. 54:38-1, under the circumstances of this case?
A-33/34-12 Robert B. Beim v. Trevor R. Hulfish (071025)
Where federal estate taxes were greater than they might have been if the decedent had died in a later year, is the corresponding loss in the heir’s anticipated inheritance recoverable as “pecuniary injuries” under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6?
Sept. 23 , 201310 a.m.
A-41-12 State v. Diana M. Palma (071228)
What is the standard for imposing a jail sentence for a careless driving offense?
A-28-12 State of New Jersey, in the Interest of K.O., a Minor (070406)
Pursuant to N.J.S.A. 2A:4A-44 (d)(3), which permits imposing an extended term sentence on a “juvenile who was adjudged delinquent on two separate occasions” for second-degree offenses, may the current delinquency adjudication be counted as one of the two requisite adjudications?
A-21-12 State v. Sean Bell (070736)
May a defendant apply for admission into the pretrial intervention program after being tried and found guilty of only a third-degree offense?
Sept. 10 , 2013
M-1538/1539/1540 State v. Jane Chun
(Motions in aid of litigants’ rights)
Did the State fail to sufficiently comply with the Court’s 2008 judgment requiring it to maintain a centralized statewide database of Alcotest results and to revise the Alcotest’s firmware; should the Court grant the State relief from the requirement that it revise the Alcotest’s firmware; and should the Court enter an order declaring that the Alcotest with firmware version 3.11 is unreliable and unfit for use?
A-134-11 State v. Dwayne Slaughter (070372)
Is defendant entitled to a new trial because his right to confrontation was violated when the trial court found a witness had feigned a memory loss and permitted the State to use her prior statement without requiring her to testify and be cross-examined in front of the jury?
A-114-11 ADS Associates Group, Inc. v. Oritani Savings Bank (069987)
Can plaintiff maintain a common law non-customer negligence claim against the bank?
D-136-12 In the matter of Charles P. Ingenito
D-149-12 In the matter of Kowana Johnson
Sept. 9 , 2013
A-20-12 State v. James W. Robinson (070556)
May a criminal defendant be sentenced to two extended term sentences, one mandatory and one discretionary, consistent with the prohibition against multiple extended terms, N.J.S.A. 2C:44-5a(2), and State v. Pennington, 154 N.J. 344 (1998)?
A-10-12 In the Matter of the Civil Commitment of R.F. SVP 490-08 (070552)
In this State action seeking the civil commitment under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38, did the Appellate Division err in concluding the trial court abused its discretion in determining the State had not met its burden of proving by clear and convincing evidence that R.F. suffers from a psychiatric condition that renders him likely to commit a sexually violent act?
A-12-12 In the Matter of the Proposed Quest Academy Charter
School of Montclair Founders Group (070972)
Does the “arbitrary, capricious, or unreasonable” standard of review apply to the final decision of the Commission of the Department of Education on an application to establish a charter school under the Charter School Program Act, N.J.S.A. 18A:36A-1 to -18?
A-18-12 State v. Reinaldo Fuentes (070729)
Did the trial court err in finding and weighing the aggravating factors in imposing defendant’s sentence?