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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, not all issues may 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."

Last Updated: 07/22/2014

A-111-13 State v. Thomas Shannon (074315)
When police make an arrest in good-faith reliance on a seemingly valid arrest warrant, must evidence arising from a search incident to the arrest be suppressed if the warrant is later discovered to be invalid due to a clerical error?
Leave to appeal granted: 7/18/14
Posted: 7/21/14
Argued:
Decided:

A-110-13 Anthony C. Major v. Julie Maguire (074345)
When adjudicating an application for grandparent visitation, under what circumstances must the trial court follow the procedural guidelines articulated in the Appellate Division’s recent decision, R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014)?
Certification granted: 7/18/14
Posted: 7/21/14
Argued:
Decided:

A-109-13 Department of Children and Families v. E.D.-O. (073916)
Did a parent fail to exercise the minimum degree of care required by N.J.S.A. 9:6-8.21(c)(4)(b) when she left her nineteen-month-old child unattended in a motor vehicle while she entered a nearby store?
Certification granted: 7/18/14
Posted: 7/21/14
Argued:
Decided:

A-108-13 State v. R.P. (073796)
Having determined that defendant’s conviction for first-degree aggravated sexual assault had to be vacated, was the Appellate Division required to mold the verdict to second-degree sexual assault under the circumstances presented?
Certification granted:  7/10/14
Posted:  7/11/14
Argued:
Decided:

A-107-13 State v. Eugene C. Baum (073056)
Did the jury instruction on mental disease or defect effectively negate the diminished capacity defense by blending the law on self-induced intoxication and mental disease or defect?
Certification granted:  7/3/14
Posted:  7/3/14
Argued:
Decided:

A-105/106-13 State v. William Roseman and Lori Lewin (073674)
Under the circumstances presented, should defendants have been permitted to apply for pretrial intervention (PTI) near the eve of trial, and, if so, was there a sufficient basis to admit defendants to PTI over the prosecutor’s objection?
Certification granted:  6/23/14
Posted:  6/25/14
Argued:
Decided:

A-104-13  Thomas DeMarco v. Sean Robert Stoddard, D.P.M. (073949)
Where a medical malpractice insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of third parties, and, if so, what is the amount of coverage?
Leave to appeal granted:  6/23/14
Posted:  6/25/14
Argued:
Decided:

A-103-13 Juan Soto v. Peter Bednarczuk (074125)
Did plaintiff’s inability to locate and serve defendant present exceptional circumstances to warrant vacating the administrative dismissal of his claims for lack of prosecution?
Certification granted:  6/23/14
Posted:  6/25/14
Argued:
Decided:

A-102-13  IMO the Revocation of the Access of Block #613, Lots #4 & 5, Township of Toms River (074011)
Under the circumstances presented, did the New Jersey Department of Transportation’s plan for proposed road improvements deny this commercial property owner reasonable access to its property?
Certification granted:  6/23/14
Posted:  6/25/14
Argued:
Decided:

A-101-13  John Ross v. Karen A. Lowitz (074200)
Where leaking oil migrated onto plaintiff’s property, did plaintiff have a viable nuisance action against his neighbor based on the neighbor’s failure to mitigate the contamination within a reasonable amount of time, and, where the neighbor’s insurance companies acknowledged an obligation to clean up plaintiff’s land, should plaintiff have been considered a third party beneficiary of the insurance contract?
Certification granted:  6/23/14
Posted:  6/25/14
Argued:
Decided:

A-100-13  N.J. Dep’t of Labor & Workforce Dev. v. Crest Ultrasonics (073874)
Does N.J.S.A. 34:8B-1, which restricts employers from publishing job advertisements stating that applicants must be currently employed in order for their applications to be accepted, considered, or reviewed, infringe on employers’ freedom of speech rights under the federal and state constitutions?
Appeal as of right
Posted:  6/25/14
Argued:
Decided:

A-99-13  Janice J. Prioleau v. Kentucky Fried Chicken, Inc. (074040)
Under the circumstances presented in this personal injury action, did defendants’ business practice or “mode of operation” create the hazardous condition (i.e., a wet floor) such that plaintiff was relieved of proving that defendants had actual or constructive notice of the condition?
Appeal as of right (Appellate Division dissent)
Posted: 6/25/14
Argued:
Decided:

A-98-13  Anna Mae Cashin v. Marisela Bello (073215)
Does the subsection of the Anti-Eviction Act that governs conduct by an "owner of a building of three residential units or less” apply to plaintiff, the owner of a garage-apartment that is on the same premises as a main building containing five additional units?
Appeal as of right (Appellate Division dissent)
Posted: 6/25/14
Argued:
Decided:

A-97-13  State v. Kingkamau Nantambu (073589)
In this criminal proceeding in which the State seeks to introduce a recorded conversation between defendant and a cooperating witness, does the inadvertent failure to record a portion of the conversation require the suppression of the entire recording?
Certification granted: 6/5/14
Posted: 6/6/14
Argued:
Decided:

A-96-13  State v. Michael A. Maltese (073584)
Where the police recorded defendant’s “off-the-record” confession to a family member, was the defendant’s subsequent confession to investigators admissible under the circumstances presented?
Certification granted: 6/5/14
Posted: 6/6/14
Argued:
Decided:

A-95-13  Cuiyun Qian v. toll Brothers, Inc. (073982)
Does Luchejko v. City of Hoboken, 207 N.J. 191 (2011), which held that a condominium complex was not liable for injuries sustained on a sidewalk abutting a public street, apply to injuries sustained on an interior sidewalk in a private residential community?
Certification granted: 6/5/14
Posted: 6/6/14
Argued:
Decided:

A-94-13  IMO Registrant N.B. (073613)
Under the circumstances presented, was the registrant eligible for the "sole sex offense" exemption from the Internet Registry requirement of Megan's Law?
Certification granted: 6/5/14
Posted: 6/6/14
Argued:
Decided:

A-93-13  Bruce Kaye v. Alan P. Rosefielde (073353)
Did the Appellate Division err by affirming the trial court’s holding that economic damages are a necessary prerequisite for disgorgement of the employee’s salary?
Certification granted: 5/23/14
Posted: 5/23/14
Argued:
Decided:

A-92-13  State v. Duran C. Keaton (073564)
Should the evidence discovered by a police officer who entered defendant’s overturned vehicle to obtain credentials be suppressed under the circumstances presented?
Certification granted: 5/22/14
Posted: 5/23/14
Argued:
Decided:

A-91-13  State v. Timothy Adkins (073803)
Should the defendant's blood test results be suppressed in light of the U.S. Supreme Court's decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases?
Certification granted: 5/19/14
Posted: 5/20/14
Argued:
Decided:

A-90-13  State v. Raymond Daniels (073504)
Under the circumstances presented, did the trial court err in issuing a renunciation charge over defendant's objection?
Certification granted: 5/19/14
Posted: 5/20/14
Argued:
Decided:

A-89-13  Estate of Myroslava Kotsovska v. Saul Liebman (073861)
Should the trial court have transferred this wrongful death and survival action to the Division of Workers' Compensation for a determination of the decedent's employment status where defendant raised the workers' compensation bar as an affirmative defense?
Certification granted: 5/19/14
Posted: 5/20/14
Argued:
Decided:

A-88-13  Eric Morillo v. Monmouth County Sheriff’s Officer Alexander Torres (073978)
Are defendants (Monmouth County Sheriff’s Officers) entitled to qualified immunity because an objectively reasonable officer would have believed that probable cause existed to arrest and detain plaintiff?
Leave to appeal granted: 5/19/14
Posted: 5/20/14
Argued:
Decided: 

A-87-13 Manuel Guaman v. Jennifer Velez (073371)
Was the State permitted to terminate Medicaid benefits for adult legal aliens who did not meet the federal five-year residency requirement set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C.A. § 1601 to 1646?
Appeal as of right (Appellate Division dissent)
Posted: 4/25/14
Argued:
Decided:

A-86-13  State v. Duquene Pierre (072859)
Was defendant’s trial counsel ineffective for failing to fully investigate defendant’s alibi?
Certification granted: 4/14/2014
Posted: 4/14/2014
Argued:
Decided:

A-85-13  Bridgewater-Raritan Education Association v. Board of Education of the Bridgewater-Raritan School (073873)
Were these teachers entitled to tenure as a matter of law or equity under the circumstances presented?
Certification granted: 4/14/2014
Posted: 4/14/2014
Argued:
Decided:

A-84-13  In the Matter of the Expungement Petition of J.S. (073376)
Did the defendant’s two offenses constitute one continuous criminal event or “spree” such that he was eligible for expungement where the offenses were charged in one indictment and involved similar drug-related acts committed in a single week?
Certification granted: 4/11/2014
Posted: 4/11/2014
Argued:
Decided:

A-83-13  State v. Marc Olivero (073364)
Was the fenced-in parking lot of a manufacturing facility a “structure” within the meaning of N.J.S.A. 2C:18-2, such that the defendant could be convicted of burglary?
Certification granted: 4/11/2014
Posted: 4/11/2014
Argued:
Decided:

A-82-13  State v. K.P.S.; State v. C.L. (073307)
Did the Appellate Division err in applying the law of the case doctrine to preclude review of suppression issues raised by two co-defendants, where the triggering order relied upon by the panel was a prior Appellate Division decision affirming the conviction of a third co-defendant?
Certification granted: 4/11/2014
Posted: 4/11/2014
Argued:
Decided:

A-81-13  Nuwave Investment Corp. v. Hyman Beck & Co. (073551)
Following the Court’s decision in W.J.A. v. D.A., 210 N.J. 229 (2012), may presumed damages be awarded in a defamation action where actual damages are proven, and, if so, may presumed damages be awarded in more than a nominal amount?   Does the holding of W.J.A. v. D.A. apply retroactively?
Certification granted: 4/11/2014
Posted: 4/11/2014
Argued:
Decided:

A-79/80-13  State v. Evan Reece (073284)
Were police officers permitted to enter defendant's residence pursuant to the emergency aid doctrine, and could defendant be charged with resisting arrest or obstructing the administration of law under the circumstances presented?
Appeal as of right (Appellate Division dissent) and certification granted: 4/3/14
Posted: 4/4/14
Argued:
Decided:

A-78-13  State v. Humfrey A. Musa (073268)
Where a juror failed to appear for a second day of deliberations, did the trial court err in substituting a replacement without first exploring with the remaining jurors why the absent juror may have failed to return, and was an identification instruction required under the circumstances? 
Certification granted: 4/3/14
Posted: 4/4/14
Argued:
Decided:

A-77-13  Robert Occhifinto v. Olivo Construction Co., LLC (073174)
Under the circumstances presented in this appeal, were plaintiffs entitled to attorney’s fees as successful claimants pursuant to Rule 4:42-9(1)(6)?
Certification granted: 3/20/14
Posted: 3/21/14
Argued:
Decided:

A-76-13  State v. Al-Tariq-Wardrick (073078)
Did the Appellate Division err in affirming defendant’s conviction in light of another panel’s reversal of his co-defendant’s conviction arising out of the same trial and alleged error, and did the trial court err in failing to set aside defendant’s conviction for first-degree robbery?
Certification granted: 3/20/14
Posted: 3/21/14
Argued:
Decided:

A-74/75-13  State v. Jamil McKinney (073070)
Was the trial court’s jury instruction on first-degree robbery improper, and, if so, did it require reversal of defendant’s conviction for armed robbery?
Certification granted: 3/20/14
Posted: 3/21/14
Argued:
Decided:

A-71/ 72/73-13  Honorable Dana L. Redd v. Vance Bowman (073567)
Was this petition-initiated ordinance (which would have required the City of Camden to maintain its municipal police department) invalid, such  that it could not be placed on the ballot, because it created an undue restraint on the future exercise of municipal legislative power?
Certification granted: 3/20/14
Posted: 3/21/14
Argued:
Decided:

A-70-13  Allstate New Jersey Ins. Co. v. Gregorio Lajara (073511)
Is there is a right to a jury trial in a private action brought under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30?
Leave to appeal granted: 3/14/14
Posted: 3/17/14
Argued:
Decided:

A-69-13  State v. Dontae Hathaway (073770)
Was it proper to suppress evidence of a handgun obtained during a warrantless search of a hotel room under the circumstances of this case, which included, among other things, an unidentified victim’s face-to-face report to hotel security officers that he was robbed at gunpoint on a particular floor of the hotel?
Leave to appeal granted: 3/14/14
Posted: 3/17/14
Argued:
Decided:

A-68-13  State v. Ivonne Saavedra (073793)
Can defendant be indicted for theft and official misconduct for taking confidential documents from her public employer, North Bergen Board of Education, to support her claims under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14?
Leave to appeal granted: 3/14/14
Posted: 3/17/14
Argued:
Decided:

A-67-13  Citizens United Reciprocal Exchange v. Sabrina A. Perez (073384)
Where a basic automobile insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of innocent third parties, and, if so, must those payments comport with the mandatory minimum liability insurance coverage provisions of N.J.S.A. 39:6A-3?
Appeal as of right (Appellate Division dissent) and certification granted: 3/14/14
Posted: 3/17/14
Argued:
Decided:

A-65/66-13  Joel S. Lippman, M.D. v. Ethicon, Inc. (073324)
Can employees who are responsible for monitoring and reporting on employer compliance with relevant laws and regulations – so-called “watchdog employees” – seek whistleblower protection under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq., and, if so, under what circumstances?
Certification granted: 3/14/14
Posted: 3/17/14
Argued:
Decided:

A-64-13 State v. Ricky Wright (073137)
Did the third-party intervention doctrine apply under these circumstances to allow police to search this private residence without a warrant?
Certification granted:  2/21/14
Posted: 2/21/14
Argued:
Decided:

A-63-13 388 Route 22 Readington Realty v. Twp. of Readington (073322)
Did the defendant Township have adequate standards to guide it in determining whether to exercise its discretion to reallocate unused sewer rights?
Certification granted 2/21/14
Posted: 2/21/14
Argued:
Decided:

A-62-13 State v. Julius Smith (073059)
Should the trial court have granted defendant’s motion for a mistrial or, alternatively, granted a continuance to allow defendant to investigate the newly discovered evidence revealed during trial?
Certification granted:  2/14/14
Posted: 2/20/14
Argued:
Decided:

A-61-13 State v. Darien Weston (073032)
Was defendant’s right to a fair trial violated when the jury was allowed unrestricted access to the videotaped statements of two eyewitnesses during deliberations?
Certification granted 2/14/14
Posted: 2/20/14
Argued:
Decided:

A-60-13 Terry Kuchera v. Jersey Shore Family Health Center (073483)
Does this non-profit community outreach clinic have a charitable or educational purpose entitling it to absolute immunity under N.J.S.A. 2A:53A-7, or is it organized exclusively for hospital purposes and therefore subject to a $250,000 limit on its liability pursuant to N.J.S.A. 2A:53A-8?
Certification granted:  2/14/14
Posted:  2/20/14
Argued:
Decided:

A-59-13  L.A. and The Horace Mann Ins. Co. v. Bd. of Edu. of the City of Trenton (073401)
Was there sufficient evidence presented that this employee’s inappropriate contact with a student was not undertaken in the course of his employment such that the Board of Education was not obligated to indemnify the employee for his costs in defending a civil action pursuant to N.J.S.A. 18A:16-6?
Certification granted:  2/14/14
Posted:  2/20/14
Argued:
Decided:

A-58-13 Joseph Vanderslice v. Harold Stewart (073362)
Under the circumstances presented, should the time period for filing a demand for a trial de novo following a non-binding arbitration be relaxed to permit a late filing by the County?
Certification granted:  2/14/14
Posted: 2/20/14
Argued:
Decided:

A-57-13 Kimba Medical Supply v. Allstate Insurance Co. of N.J. (073158)
Under the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-1 thru -19, and associated personal injury protection (“PIP”) regulations, does the trial court have the authority to remand unresolved factual questions to a dispute resolution professional after that court has vacated or modified the professional’s decision?
Certification granted:  2/14/14
Posted: 2/20/14
Dismissed as improvidently granted – Order filed 3/12/14

A-56-13 State v. Terrell Hubbard (073539)
Was it appropriate under the circumstances for the Appellate Division to rely on its independent review of the video recording of defendant’s statement to reverse the trial court’s order suppressing that statement?
Leave to appeal granted:  2/4/14
Posted: 2/6/14
Argued:
Decided:

A-55-13 Griepenburg v. Twp. of Ocean (073290)
Was the municipality’s rezoning of plaintiffs’ property to an environmentally sensitive land use designation that required minimum lot sizes of 20 acres for residential development arbitrary and capricious?
Certification granted:  2/4/14
Posted:  2/6/14
Argued:
Decided:

A-54-13 In re: Petition for Referendum to Repeal Ordinance 2354-12 of the Tp. of West Orange (073069)
Was plaintiffs’ action challenging the municipal redevelopment ordinance time barred and, if not, was the ordinance invalid because of the municipality’s failure to submit an application for approval of the issuance of bonds to the Local Finance Board in the Department of Community Affairs?
Certification granted:  1/24/14
Posted: 1/27/14
Argued:
Decided:

A-53-13 Grabowsky v. Twp. of Montclair (073142)
Were these municipal officials disqualified from voting on this redevelopment ordinance because of their membership in a church located on property that is next to the site to be redeveloped?
Certification granted:  1/24/14
Posted:  1/27/14
Argued:
Decided:

A-52-13 Gnall v. Gnall (073321)
Was it appropriate for the Appellate Division to reverse the trial court’s award of limited duration alimony and to remand for consideration of permanent alimony under the circumstances of this case, which included a marriage of fifteen years?
Certification granted:  1/24/14
Posted: 1/27/14
Argued:
Decided:

A-51-13 Gaskill v. CITI Mortgage, Inc. (071804)
Where a judgment creditor does not receive actual notice of the debtor’s bankruptcy petition or discharge in bankruptcy, may equitable principles be applied to toll the provisions of N.J.S.A. 2A:16-49.1, which allows the debtor to cancel a lien after one year has elapsed since the date of the discharge in bankruptcy?
Certification granted:  1/24/14
Posted:  1/27/14
Argued:
Decided:

A-50-13 Maida v. Kuskin (073429)
Is a request that a guilty plea entered in municipal court not be evidential in any civil proceeding required to be made in open court at the time of the entry of the plea?
Leave to appeal granted: 1/17/2014
Posted: 1/17/2014
Argued:
Decided:

A-49-13 State v. Edwin Urbina (073209)
In pleading guilty to the crime of aggravated manslaughter, did defendant’s assertion of facts implying that he acted in self-defense render the factual basis inadequate?
Appeal as of right (Appellate Division dissent)
Posted: 12/18/13
Argued:
Decided:

A-47/48-13 State v. State v. James Grate; State v. Fuquan Cromwell (072750)
Does the “knowingly” mens rea requirement of N.J.S.A. 2C:39-5(e)(1), third-degree unlawful possession of a weapon at an education institution, apply to both the possession of the firearm and the presence at an educational institution; and did the trial court err in sentencing defendants to mandatory minimum terms?
Certification granted:  12/6/13
Posted: 12/9/13
Argued:
Decided:

A-46-13 State v. John Tate (072754)
Did defendant’s admission during his plea allocution to cursing and using off-color language in such a way as to debauch a child’s morals provide an adequate factual basis to establish child neglect under N.J.S.A. 9:6-3?
Certification granted:  12/6/13
Posted: 12/9/13
Argued:
Decided:

A-45-13 State v. William A. Case, Jr. (072688)
Was defendant properly sentenced to a discretionary parole disqualifier under N.J.S.A. 2C:43-6(b)?
Certification granted:  12/6/13
Posted:  12/9/13
Argued:
Decided

A-43/44-13 IMO Borough of Keyport v. Local 68 (072361)
Were these municipalities authorized to unilaterally impose temporary layoffs approved by the Civil Service Commission pursuant to N.J.S.A. 11A:8-1 to -4, or were the municipalities required to negotiate the layoffs pursuant to the New Jersey Employer-Employee Act, N.J.S.A. 34:13A-1 to -30?
Certification granted: 11/19/13
Posted: 11/22/13
Argued:
Decided

A-42-13 Jarrell v. Kaul, M.D. (072363)
Could plaintiffs maintain a cause of action against a medical doctor for failure to disclose that he did not have malpractice insurance to cover the relevant procedure; and can plaintiffs maintain a cause of action against a medical facility that allowed the medical doctor to perform in the facility procedures for which the doctor does not have malpractice insurance?
Certification granted: 11/19/13
Posted: 11/22/13
Argued:
Decided:

A-41-13 State v. Julie Kuropchak (072718)
In this appeal challenging a conviction of driving while intoxicated, was it error to admit the documentary evidence and the Alcotest reults, and was the observational evidence sufficient to sustain the conviction?
Certification granted:  11/13/13
Posted: 11/19/13
Argued:
Decided:

A-40-13 State v. Tahir Gregory (072715)
Was defendant’s guilty plea sufficient to establish a factual basis for the crime of knowing possession of a controlled dangerous substance with intent to distribute within a school zone?
Certification granted:  11/13/13
Posted: 11/19/13
Argued:
Decided:

A-39-13 State v. R.K. (072712)
Was defendant entitled to a new trial because the fresh-complaint testimony was excessively detailed and cumulative and admitted without a limiting instruction, as well as other errors?
Certification granted:  11/13/13
Posted: 11/19/13
Argued:
Decided:

A-38-13 Morristown Associates v. Grant Oil Company (073248)
Does the general six-year statute of limitations established by N.J.S.A. 2A:14-1 for damage to property apply to a private claim for contribution under the New Jersey Spill Compensation Control Act; and if so, did the discovery rule allow plaintiff to pursue claims for damages arising prior to the limitations period?
Certification granted:  11/13/13
Posted: 11/19/13
Argued:
Decided:

A-37-13 Fernandes v. DAR Development Co. (073001)
In this action by an employee against a third-party defendant for injuries sustained during a construction project, did the trial court err in refusing to charge the jury regarding the employee’s comparative negligence?
Certification granted:  10/31/13
Posted: 11/6/13
Argued:
Decided:

A-36-13 State v. K.S. (072608)
In rejecting defendant’s application for pre-trial intervention, did the prosecutor improperly rely on prior charges that had been dismissed to find that defendant had a history and propensity for violence and that he had engaged in a pattern of antisocial behavior?
Certification granted: 10/31/13
Posted:  11/6/13
Argued:
Decided:

A-35-13 Aguas v. State of New Jersey (072467)
Were plaintiff’s allegations of violations of the Law Against Discrimination due to her supervisors’ sexual harassment/hostile work environment sufficient to survive the defendant’s motion for summary judgment?
Certification granted:  10/31/13
Posted:  11/6/13
Argued:
Decided:

A-34-13 Davis v. Husain (072425)
Was defendant entitled to a new trial as a result of the trial judge’s post-verdict, ex parte discussions with the jury during which one juror commented about defendant failing to place his hand on the bible while being sworn to testify?
Appeal as of right (Appellate Division dissent)
Posted:  11/6/13
Argued:
Decided:

A-32/33-13 State v. David Pomianek, Jr. (072293)
Is the bias intimidation statute, N.J.S.A. 2C:16-1(a)(3), constitutional; and in proving a violation of the statute, is the State required to prove that the defendant had a biased intent?
Certification granted:  10/25/13
Posted:  10/29/13
Argued:
Decided

A-31-13 State v. James J. Revie (072600)
Is a defendant who is convicted of a third offense of driving while intoxicated (DWI) more than ten years after his second DWI conviction entitled to a second step-down in sentencing under N.J.S.A. 39:4-50(a)(3) after having already received a step-down in sentencing on his second DWI conviction?
Certification granted:  10/24/13
Posted:  10/25/13
Argued:
Decided

A-30-13 State v. Fausto Camacho (072525)
Is a trial court’s failure to instruct a jury that it may not draw an adverse inference from a defendant’s constitutional right to remain silent always reversible error, or is it subject to the harmless error standard?
Certification granted: 10/24/13
Posted: 10/25/13
Argued: 5/6/14
Decided:

A-29-13 Robert Lavezzi v. State (072856)
Following the cessation of a criminal investigation by a county prosecutor’s office, is the continued storage and safeguarding of property seized pursuant to a warrant a law enforcement function that requires the Attorney General to defend and indemnify the county for lost or damaged property, or is it an administrative function that does not require such a defense and indemnity?
Certification granted: 10/24/13
Posted: 10/25/13
Argued: 3/31/14
Decided:

A-28-13 Constance Childs-Abdullah v. City of Somers Point (073072)
Did plaintiff, who suffered injuries when she stepped into a sinkhole in the parking lot of a municipal complex, present sufficient evidence to defeat summary judgment and have a jury determine whether defendant, a public entity, had "actual or constructive notice of the dangerous condition” and acted in a "palpably unreasonable manner" under the Tort Claims Act, N.J.S.A. 59:4-2?
Certification granted:  10/24/13
Posted:  10/25/13
Argued:
Decided:

A-26/27-13 State v.  Darryl  Bishop; State v. Wilberto Torres (072395)
Can a defendant who is sentenced to Drug Court (special probation) be subject to a mandatory period of parole ineligibility and a mandatory extended term upon a violation of probation? 
Certification granted: 10/24/13
Posted: 10/25/13
Argued:
Decided:

A-25-13 State v. Richard Perez (072624)
Did defendant provide an adequate factual basis in pleading guilty to the crime of child-luring, N.J.S.A. 2C:13-6; and was defendant eligible for an extended term sentence as a result of his prior sentence of community supervision for life?
Certification granted:  10/18/13
Posted: 10/18/13
Argued:
Decided:

A-24-13 N.J. Div. of Youth & Family Servs. v. Y.N. (072804)
Can a pregnant woman’s use of methadone pursuant to a drug addiction treatment program that caused harm to her newborn child be the basis for a finding of abuse and neglect?
Certification granted:  10/18/13
Posted:  10/18/13
Argued:
Decided:

A-23-13 IMO the Estate of Charles Polk (072761)
Is a general testamentary disposition sufficient to override the beneficiary designation of an IRA?
Certification granted: 10/18/13
Posted: 10/18/13
Dismissed as improvidently granted – Order filed 4/8/14

A-22-13 IMO Opinion No. 17-2012 of the Advisory Committee on Professional Ethics (072810)
May an attorney volunteer on behalf of Volunteer Lawyers for Justice to provide pro bono legal services to a debtor in a “no-asset” Chapter 7 bankruptcy proceeding if the attorney’s law firm represents a creditor of the debtor in an unrelated matter?
Certification granted: 10/18/13
Posted: 10/18/13
Argued: 4/1/14
Decided: 7/2/14

A-21-13 Garden State Equality v. Dow (073328)
In light of United States v. Windsor, 507 U.S. __, 133 S. Ct. 2675, 186 L. Ed.2d 808 (2013), does New Jersey violate the equal protection guarantee under Article I, Paragraph 1 of the New Jersey Constitution if it denies same-sex couples the right to marry?
Certification granted: 10/11/13
Posted: 10/16/13
Argued:
Decided:

A-19/20-13  62-64 Main Street, L.L.C. v. Mayor and Council of the City of Hackensack (072699)
When designating private property as in need of redevelopment pursuant to sections 5(a), (b) and (d) of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -73, must the municipality expressly find that the property is “blighted” pursuant to the Blighted Areas Clause of the New Jersey Constitution, art. VIII, § III, ¶ 1, and Gallenthin Realty Development, Inc. v. Borough of Paulsboro, 191 N.J. 344 (2007)?
Certification granted: 10/3/13
Posted: 10/4/13
Argued:
Decided:

A-18-13 State v. Daryel Rawls (072388)
When a defendant who is released on pretrial bail is subsequently arrested and incarcerated for a second offense, is defendant entitled to jail credit in sentencing on the first offense for the time incarcerated before bail was revoked?
Certification granted: 9/26/13
Posted: 9/26/13
Argued: 4/1/14
Decided:

A-16/17-13 United Parcel Service Gen. Servs. Co. v. Director, Div. of Taxation (072421)
Are these business entities entitled to waiver of late payment penalties on the taxes assessed against them under the New Jersey's Corporation Business Tax Act, N.J.S.A. 54:10A-1 to -41, following an audit on certain intercompany transactions; and do tax amnesty penalties apply in these circumstances, and, if so, would their application be manifestly unjust or violate the taxpayers’ due process rights?
Certification granted: 9/26/13
Posted: 9/26/13
Argued:
Decided:

A-15-13 State v. Bruce E. Lige (072327)
In a trial on the charge of receiving stolen property, what is the appropriate use of the history of the defendant’s other theft offenses to establish his knowledge that property was stolen under N.J.S.A. 2C:20-7?
Certification granted: 9/20/13
Posted: 9/20/13
Argued:
Decided:

A-13/14-13 Daniel Tumpson v. James Farina (072813)
Did the Clerk of the City of Hoboken comply with the requirements of the Optional Municipal Charter Law, known as the Faulkner Act, N.J.S.A. 40:69A-1 to -210, in the processing of plaintiffs’ referendum petition; and, if not, did the noncompliance violate the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, permitting an award of attorneys’ fees to plaintiffs?
Certification granted: 9/20/13
Posted: 9/20/13
Argued: 3/31/14
Decided:

A-12-13 State v. Joseph M. Jaffe (072259)
May a sentencing court consider mitigating evidence arising between defendant’s plea and the sentencing hearing?
Certification granted: 9/11/13
Posted: 9/12/13
Argued:
Decided:

A-11-13 State v. Bruno Gibson (072257)
Was defendant entitled to a judgment of acquittal on this DWI charge where the municipal court that convicted defendant relied, over defense counsel’s objection, on evidence elicited in a pre-trial suppression hearing?
Certification granted: 9/11/13
Posted: 9/12/13
Argued: 3/31/14
Decided:

A-10-13 Stephanie Washington v. Carlos A. Perez (072522)
Was it reversible error to instruct the jury that it could draw an adverse inference against defendants as a result of their failure to call their medical experts to testify at trial?
Certification granted: 9/11/13
Posted: 9/12/13
Argued: 3/17/14
Decided:

A-8/9-13 Michael J. Barrick, Jr. v. State of New Jersey, Department of Treasury (072795)
In this public bidding case involving a lease for office space, did the agency act arbitrarily in waiving the requirement that the site be within a specific distance from public transportation and awarding the lease to the lowest bidder; and if so, was the appropriate remedy to require that the lease be awarded to the second lowest bidder or rebid?
Certification granted: 9/11/13
Posted: 9/12/13
Argued: 5/6/14
Decided: 7/23/14

A-7-13  Janet Henebema v. South Jersey Transportation Authority and New Jersey State Police (072545)
Does an erroneous jury charge on a public entity’s standard of care under the Tort Claims Act require retrial on only the public entity’s liability, or is a retrial on the comparative negligence and liability for all parties also required?
Certification granted: 9/11/13
Posted: 9/12/13
Argued: 3/31/14
Decided:

A-6-13 Liberty House Nursing Home of Jersey City, Inc. d/b/a Liberty House Nursing Home v. GRE Jersey City, Inc. (072598)
Does an exemption to the certificate of need requirement under the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq., belong to the tenant who established and operated the exempted nursing home or to the landlord of the property on which the nursing home is operated; and if the exemption belongs to the landlord, does equity require the landlord to pay the tenant operator for the value of the established business?
Certification granted: 9/11/13
Posted: 9/12/13
Argued: 5/6/14
Order – dismissed as improvidently granted 5/20/14

A-5-13 Maryann Cottrell v. Zagami, LLC d/b/a The Landmark Americana Tap & Grill (072235) (also see A-36-12)
Does the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, apply to defendants not acting under color of State law?
Certification granted: 9/10/13
Posted: 9/10/13
Argued: 1/21/14
Decided: 5/21/14

A-3/4-13 State v. Michael Sumulikoski/State v. Artur Sopel (072957)
Does New Jersey have territorial jurisdiction to try New Jersey teachers who had sexual contact with New Jersey high school students in Germany while chaperoning a school trip?
Leave to appeal granted: 9/10/13
Posted: 9/10/13
Argued:
Decided:

A-2-13 Deborah F. Townsend v. Noah Pierre (072357)
Can the conclusion of plaintiff’s expert that overgrown bushes on the corner of the property were the proximate cause of the accident serve to defeat the property owners’ motion for summary judgment when the only witnesses’ deposition testimony was that the bushes did not obstruct the view?
Certification granted: 9/10/13
Posted: 9/10/13
Argued:
Decided:

A-1-13 Beverly Maeker v. William S. Ross (072185)
Does the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), which requires a writing memorializing palimony agreements and independent advice of counsel prior to executing such an agreement, apply to bar enforcement of oral agreements that existed before adoption of the amendment?
Certification granted: 9/10/13
Posted: 9/10/13
Argued: 5/5/14
Decided:

A-76-12 State v. T.J.M. (072419)
Did evidentiary errors and prosecutorial misconduct occur that cumulatively prejudiced defendant’s right to a fair trial in light of the weight of the evidence against him?
Appeal as of right (Appellate Division dissent)
Posted: 8/16/13
Argued:
Decided:

A-75-12 State v. John C. Blann (072146)
Where defendant requested through his attorney in open court that his right to be tried by a jury be waived, was his conviction properly reversed because of the absence of a written jury waiver under Rule 1:8-1(a) and an express and understanding waiver by defendant personally on the record?
Appeal as of right (Appellate Division dissent)
Posted: 8/16/13
Argued: 4/9/14
Decided:
5/28/14

A-74-12 State in the Interest of A.B. (072873)
Was defendant properly granted access into the sexual assault victim’s home to inspect the crime scene based on his constitutional right to a meaningful opportunity to present a complete defense in light of the crime victim’s rights under the Fourth Amendment to the United States Constitution, the Victim’s Rights Amendment to the New Jersey Constitution, and the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-34 to -38?
Leave to appeal granted: 7/19/13
Posted: 7/19/13
Argued: 3/18/14
Decided:

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?
Certification granted 7/19/13
Posted: 7/19/13
Argued: 11/18/13
Decided:
6/16/14

A-72-12 IMO the Application for a New Jersey Permit to Carry a Handgun by Richard Pantano (072329)
Does the statutory requirement that an applicant for a permit to carry a handgun demonstrate “a justifiable need to carry a handgun,” N.J.S.A. 2C:58-4(d), violate the right to bear arms under the Second Amendment to the United States Constitution?
Certification granted 7/19/13
Posted: 7/19/13
Argued:
Decided May 22, 2014 – Order dismissed as improvidently granted

A-71-12 State v. Yolanda Terry and Teron Savoy (072775)
Does the marital communications privilege prohibit disclosure by third parties who overhear spousal communications pursuant to an authorized wiretap, and should the crime-fraud exception apply to this privilege?
Leave to appeal granted: 7/12/13
Posted: 7/12/13
Argued: 3/18/14
Decided:
7/22/14

A-70-12 Sam Hargrove v. Sleepy’s, LLC (072742)
Under New Jersey law, which test should a court apply to determine a plaintiff’s employment status for purposes of the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., and the New Jersey Wage and Hour Law, N.J.S.A. § 34:11-56a, et seq.?
Question of law certified by U.S. Court of Appeals for Third Circuit, accepted 7/10/13
Posted: 7/12/13
Argued: 3/17/14
Decided:

A-69-12 State v. Julie L. Michaels a/k/a Lynn Michaels (072106)
Was defendant’s right of confrontation violated by the admission of the expert testimony and report regarding the results of the laboratory analysis of her blood samples?
Certification granted: 6/28/13
Posted: 6/28/13
Argued: 3/4/14
Decided:

A-68-12 State v. Naquan O'Neil, a/k/a Naquan O'Neal (072072)
On this petition for post-conviction relief, was defendant entitled to an evidentiary hearing on the claim of ineffective assistance of counsel based on counsel's failure to challenge on appeal the trial court's instruction that the justification of self-defense is inapplicable to a charge of reckless manslaughter as this Court subsequently held in State v. Rodriguez, 195 N.J. 165 (2008)?
Certification granted: 6/28/13
Posted: 6/28/13
Argued: 2/4/14
Decided:

A-67-12 State v. Michael Ross II (072042)
Was it proper to substitute an alternate juror for a sick juror after the jury had announced it was unable to reach a unanimous verdict following several days of deliberations?
Certification granted: 6/28/13
Posted: 6/28/13
Argued: 1/6/14
Decided: 6/24/14
Corrected Opinion: 7/3/14

A-66-12 Borough of Merchantville v. Malik & Son, LLC (072255)
Does a condemning municipality have a duty under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50, to engage in bona fide negotiations with a lien holder that has obtained a final judgment of foreclosure on the property subject to condemnation?
Certification granted: 6/28/13
Posted: 6/28/13
Argued: 4/1/14
Decided:

A-65-12 In re State Grand Jury Investigation (072552)
Should enforcement of grand jury subpoenas seeking defendants’ attorneys’ records in connection with an investigation of defendants’ post-indictment activities await completion of the pending criminal prosecution?
Leave to appeal granted: 6/13/13
Posted: 6/17/13
Argued: 3/17/14
Decided:
5/22/14

A-64-12 Patricia Atalese v. U.S. Legal Services Group, L.P. (072314)
Is the language of the arbitration clause in the parties’ agreement sufficient to conclude that plaintiff waived her right to sue in court?
Certification granted: 6/13/13
Posted: 6/17/13
Argued: 4/9/14
Decided:

A-63-12 Charlotte Robinson v. Frank Vivirito (072407)
Do school officials have a duty to take remedial action to protect individuals who are on school property for purposes unrelated to school activities when the school is closed if the officials had prior written notice that a neighbor's dog got loose and attacked individuals on the property?
Certification granted: 6/7/13
Posted: 6/17/13
Argued: 1/7/14
Decided:
3/26/14

A-62-12 State v. Tyrone Steele (072511)
In setting monetary bail, to what extent, if any, may a court consider the threat a defendant poses to the safety of the community?
Leave to appeal granted: 5/23/13
Posted: 5/28/13
Argued: 3/17/14
Order: 7/7/14 – Improvidently granted

A-61-12 State v. Fedner Pierre-Louis (071552)
Did trial counsel’s failure to pursue an alibi defense deprive defendant of his constitutional right to effective assistance of counsel?
Certification granted: 5/23/13
Posted: 5/28/13
Argued: 1/7/14
Decided:
2/10/14

A-60-12 Tahir Zaman v. Barbara Felton (072128)
Does In Re Opinion 26 of the Committee on the Unauthorized Practice of Law, 139 N.J. 323 (1995), which permits a broker to close a real estate transaction without an attorney’s presence subject to certain conditions, apply if the broker represents himself as a party in the transaction; and did the sale of the home coupled with the leaseback agreement constitute a single transaction subject the Consumer Fraud Act, N.J.S.A. 56:8-1 to -184?
Certification granted: 5/9/13
Posted: 5/13/13
Argued: 3/18/14
Decided:

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 of the course of her employment entitling her to benefits under the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142?
Certification granted: 5/9/13
Posted: 5/13/13
Argued: 11/19/13
Decided:
4/1/14

A-57/58-12 State v. Vonte Skinner (071764)
Did admission of defendant’s rap lyrics constitute reversible error because their probative value was outweighed by the risk of undue prejudice, and did the comments by the assistant prosecutor during closing exceed the boundaries of permissible advocacy?
Appeal as of right (Appellate Division dissent) and certification granted: 5/9/13
Posted: 5/13/13
Argued: 4/9/14
Decided:

A-55/56-12 L.A. v. New Jersey Division of Youth and Family Services (071921)
Did the Appellate Division apply the appropriate standard in determining whether a physician had a duty to report child abuse to the Division under N.J.S.A. 9:6-8.10?
Certification granted: 5/2/13
Posted: 5/3/13
Argued: 1/6/14
Decided:
4/23/14

A-54-12 Kwabena Wadeer v. New Jersey Manufacturers Insurance Co. (072010)
Is plaintiff's claim alleging his insurer acted in bad faith by failing to settle his uninsured motorist claim barred because he did not raise the bad faith claim in his earlier uninsured motorist action?
Certification granted: 4/26/13
Posted: 4/26/13
Argued:
Decided:

A-53-12 State v. Kevin Gamble (071234)
In the circumstances of this case, did the plain view or other exception to the warrant requirement apply to permit the search of the van and seizure of the handgun from the console?
Certification granted: 3/27/13
Posted: 3/28/13
Argued: 5/5/14
Decided:

A-52-12 State v. Edward Ronald Ates a/k/a Ron Waverly (070926)
Is the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -34, unconstitutional because it permits New Jersey authorities to intercept telephone calls between individuals located outside of New Jersey?
Certification granted: 3/21/13
Posted: 3/25/13
Argued: 2/4/14
Decided:
3/18/14

A-51-12 State v. Julian Moz-Aguilar (072227)
Did the trial court properly deny a protective discovery order under Rule 3:13-3(f)(1), which would allow the State to defer to an unspecified date its obligation to reveal the identity of potential witnesses?
Leave to appeal granted: 3/21/13
Posted: 3/25/13
Appeal dismissed as moot 11/14/13

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?
Leave to appeal granted: 3/19/13
Posted: 3/19/13
(Note: The Court entered a peremptory briefing schedule. Any amicus curiae motion is due by April 2, 2013.)
Argued: 4/29/13
Decided:
6/24/13

A-49-12 Thomas Saccone v. Board of Trustees of the Police & Firemen’s Retirement System (071841)
May plaintiff designate a special needs trust established for the benefit of his disabled son as a beneficiary for the pension death benefits payable under N.J.S.A. 43:16A-12.1a?
Certification granted 3/13/13
Posted: 3/19/13
Argued: 2/4/14
Decided:

A-48-12 Augustine W. Badiali v. New Jersey Manufacturers Insurance Group (071931)
Under the circumstances presented, was the defendant insurer's rejection of an arbitration award on an uninsured motorist (UM) claim "fairly debatable," thereby barring the plaintiff insured from recovering counsel fees and other consequential damages?
Certification granted 3/13/13
Posted: 3/19/13
Argued:
Decided:

A-47-12 State v. John Thomas-El (071456)
In these bifurcated criminal proceedings before the same jury, must defendant's conviction on the weapons charge in the second trial be reversed where his convictions arising out of the first trial were reversed because of jury instructions that coerced a verdict and for other errors?
Certification granted 3/13/13
Posted: 3/19/13
Argued:
Decided: 7/18/13 (summarily reversed and remanded by order)

A-46-12 Magic Petroleum Corp. v. Exxon Mobil Corp. (069083)
Under the doctrine of primary jurisdiction, must plaintiff's claims for allocation of liability under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24, be deferred until the conclusion of the New Jersey Department of Environmental Protection's remediation enforcement actions?
Certification granted 3/08/13
Posted: 3/08/13
Argued: 4/1/14
Decided:

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?
Certification granted 3/08/13
Posted: 3/08/13
Argued: 11/04/13
Decided:

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)?
Certification granted 2/13/13
Posted: 2/14/13
Argued: 11/06/13
Decided:
3/31/14

A-43-12 In the Matter of the Estate of Richard D. Ehrlich (071437)
Can an unexecuted copy of a purportedly executed original last will and testament be admitted into probate under N.J.S.A. 3B:3-3?
Appeal as of right (Appellate Division dissent)
Posted: 2/12/13
Dismissed by stipulation of the parties: 4/26/13

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?
Certification granted 2/11/13
Posted: 2/11/13
Argued: 11/19/13
Reargued: 5/5/14
Decided:

A-41-12 State v. Diana M. Palma (071228)
What is the standard for imposing a jail sentence for a careless driving offense?
Certification granted 1/30/13
Posted: 1/30/13
Argued: 9/23/13
Decided

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?
Certification granted 1/24/13
Posted: 1/30/13
Argued: 11/18/13
Decided: 1/14/13

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"?
Certification granted 1/24/13
Posted: 1/30/13
Argued: 10/07/13
Decided:
1/16/14

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?
Certification granted 1/16/13
Posted: 1/23/13
Argued: 11/06/13
Decided:

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?
Certification granted 1/16/13
Posted: 1/23/13
Argued: 10/22/13
Decided:
05/19/14

A-36-12 Luis Perez v. Zagami, LLC d/b/a The Landmark Americana Tap & Grill (071358) (also see A-5-13)
Does the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, apply to defendants not acting under color of State law?
Certification granted 1/11/13
Posted: 1/11/13
Argued: 1/21/14
Decided:
5/21/14

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 must be reduced to second-degree robbery because there was no evidence defendant actually had a bomb or other weapon?
Certification granted 12/13/12
Posted: 12/14/12
Argued: 10/08/13
Decided:

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?
Certification granted 12/13/12
Posted: 12/14/12
Argued: 9/24/13
Decided:
1/28/14

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?
Certification granted 12/6/12
Posted: 12/6/12
Argued: 11/06/13
Reargued: 2/3/14
Decided:

A-31-12 State v. Cesar A. Lipa (071011) 
Did the trial court appropriately apply the standards of State v. Slater, 198 N.J. 145 (2009), in deciding defendant's pre-sentence motion to withdraw his guilty plea?
Certification granted 11/30/12
Posted: 12/6/12
Argued: 2/3/14
Decided:

A-30-12 State v. Roger Paul Frye (070975) 
May defendant's two prior convictions for driving while intoxicated be counted to sentence him as a third-time offender for a conviction of refusal to submit to a chemical breath test under N.J.S.A. 39:4-50.4a; and should defendant have been permitted to withdraw his guilty plea to refusal under the circumstances of this case?
Certification granted 11/16/12
Posted: 11/16/12
Argued: 2/3/14
Decided:
6/3/14

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"?
Certification granted 11/16/12
Posted: 11/16/12
Argued: 11/04/13
Improvidently Granted – Order dated 11/13/13

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?
Certification granted 11/9/12
Posted: 11/13/12
Argued: 9/23/13
Decided:
2/24/14

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?
Certification granted 11/9/12
Posted: 11/13/12
Argued: 10/08/13
Decided:
1/7/14

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?
Certification granted 11/9/12
Posted: 11/13/12
Argued: 10/07/13
Decided:
2/3/14

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?
Certification granted 11/9/12
Posted: 11/13/12
Argued: 9/24/13
Decided October 2, 2013 – Order dismissed as improvidently granted

A-22/23/24-12 Wayne Davis v. Brickman Landscaping, Ltd. (071310)
What is the standard of care for determining whether defendants negligently inspected a hotel's fire sprinkler system; and was the opinion of plaintiff's expert regarding that standard of care an impermissible net opinion?
Certification granted 11/9/12
Posted: 11/13/12
Argued: 3/4/14
Decided:

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?
Certification granted 11/05/12
Posted: 11/07/12
Argued: 9/23/13
Decided:
5/13/14

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)?
Certification granted 11/05/12
Posted: 11/07/12
Argued: 9/09/13
Decided:
6/5/14

A-19-12 State v. Terry Cornelius Jones (070733)
Was defendant entitled to an evidentiary hearing on his petition for post-conviction relief on his ineffective assistance of counsel claim?
Certification granted 10/25/12
Posted: 11/1/12
Argued: 10/21/13
Decided:

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?
Certification granted 10/25/12
Posted: 11/1/12
Argued: 9/09/13
Decided:
1/7/14

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?
Certification granted 10/25/12
Posted: 11/1/12
Argued: 10/22/13
Decided:
3/11/14

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?
Certification granted 10/25/12
Posted: 11/1/12
Argued: 11/18/13
Decided:
7/21/14

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?
Certification granted 10/25/12
Posted: 11/1/12
Argued: 10/22/13
Decided:
05/19/14

A-14-12 In re Plan for the Abolition of the Council on Affordable Housing (070426) (also see A-127-11)
Did the appellant demonstrate that the State intentionally disregarded the March 8, 2012 judgment of the Appellate Division (which is now on appeal to the Supreme Court as A-127-11), thereby warranting the granting of relief in aid of litigant's rights pursuant to Rule 1:10-3?
Appeal as of right (Appellate Division dissent)
Posted: 10/16/12
Argued: 1/28/13
Decided:
7/10/13

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?
Appeal as of right (Appellate Division dissent)
Posted: 10/16/12
Argued: 10/07/13
Decided:
5/20/14

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?
Certification granted 10/12/12
Posted: 10/16/12
Argued: 9/09/13
Decided:
12/16/13

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?
Certification granted 10/12/12
Posted: 10/16/12
Argued: 5/13/13
Order dismissed as improvidently granted: 6/3/13

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?
Certification granted 10/12/12
Posted: 10/16/12
Argued: 9/09/13
Decided:
3/19/14

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?
Certification granted 10/5/12
Posted: 10/10/12
Argued: 5/13/13
Decided: 8/7/13

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?
Certification granted 9/25/12
Posted: 9/26/12
Argued: 10/08/13
Decided:

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?
Certification granted 9/25/12
Posted: 9/26/12
Argued: 5/13/13
Decided:
7/18/13

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?
Certification granted 9/21/12
Posted: 9/24/12
Argued: 4/29/13
Decided:
8/14/13

A-5-12 State v. Bryden R. Williams (070388)
Did the admission of the testimony by the pathologist who did not perform the autopsy violate defendant's right of confrontation?
Certification granted 9/7/12
Posted: 9/10/12
Argued: 3/4/14
Decided:

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?
Certification granted 9/7/12
Posted: 9/10/12
Argued: 5/14/13
Decided:
10/24/13

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?
Certification granted 9/7/12
Posted: 9/10/12
Argued: 4/30/13
Decided:
9/16/13

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?
Appeal as of right (Appellate Division dissent)
Posted: 9/10/12
Argued: 4/30/13
Decided:
8/19/13

A-135-11 & A-121/122/123-11 State v. Perini Corp. (070558)
When does the ten-year statute of repose, N.J.S.A. 2A:14-1.1, begin to run with respect to the alleged deficient design and construction of a hot water system built as part of the multi-phased construction of a prison facility? 
Leave to appeal granted: 6/8/12 & 7/18/12
Posted: 6/11/12 & 7/19/2012
Argued:
Decided:

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?
Certification granted 7/12/12
Posted: 7/13/12
Argued: 9/10/13
Decided:

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?
Certification granted 7/12/12
Posted: 7/13/12
Argued: 4/30/13
Order dismissed as improvidently granted: 5/8/13

A-131/132-11 State v. Ellen Heine (070251 & 070252)
Is the city ordinance at issue, which authorizes a city official to enter and inspect the condition of property located within the city without a warrant, unconstitutional as applied to defendant in these circumstances?
Certification granted: 7/12/12
Posted: 7/13/12
Dismissed as Moot: 4/2/13

A-130-11 Jersey Central Power & Light Co. v. Lempke (070649)
Was defendant's workers' compensation proceeding in New Jersey a "first-filed litigation" that preempts her Pennsylvania lawsuit against multiple parties over the work-related accident that caused her husband's death?
Certification granted 7/12/12
Posted: 7/13/12
Argued:
Stipulation of Dismissal – Order dated 4/10/13

A-129-11 State v. Reginald Roach (068874)
Was defendant's right to confrontation violated when the State's DNA expert testified to results obtained by another forensic scientist who did not testify at trial?
Certification granted: 7/12/12
Posted: 7/13/12
Argued: 3/4/14
Decided:

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?
Leave to appeal granted 6/28/12
Posted: 7/6/12
Argued: 4/17/13
Decided:
7/11/13

A-127-11 In re Plan for the Abolition of the Council on Affordable Housing (070426) (also see A-14-12)
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?
Certification granted 6/28/12
Posted: 7/6/12
Argued: 1/28/13
Decided:
7/10/13

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)?
Certification granted 6/28/12
Posted: 7/6/12
Argued: 4/29/13
Decided:
10/21/13

A-125-11 Robert Dublirer v. 2000 Linwood Avenue Owners, Inc. (069154)
Does this co-op's rule prohibiting solicitation and distribution of written information in the building violate article I, paragraph 6 of the New Jersey Constitution?
Certification granted: 6/21/12
Posted: 6/22/12
Argued:
Decided:

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)?
Certification granted: 6/8/12
Posted: 6/11/12
Argued: 4/17/13
Decided:
7/23/13

A-121/122/123-11 & A-135-11 State v. Perini Corp. (070558)
When does the ten-year statute of repose, N.J.S.A. 2A:14-1.1, begin to run with respect to the alleged deficient design and construction of a hot water system built as part of the multi-phased construction of a prison facility?
Leave to appeal granted: 6/8/12 & 7/18/12
Posted: 6/11/12 & 7/19/2012
Argued:
Decided:

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?
Certification granted: 6/8/12
Posted: 6/11/12
Argued: 5/13/13
Decided:
7/8/13

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?
Certification granted: 6/8/12
Posted: 6/11/12
Argued: 3/11/13
Decided:
8/8/13

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?
Certification granted: 5/21/12
Posted: 5/25/12
Argued: 11/19/13
Decided:

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?
Certification granted: 5/21/12
Posted: 5/25/12
Argued: 5/14/13
Decided:
8/6/13

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-15.1a by clear and convincing evidence, as required to terminate J.G.'s parental rights?
Appeal as of right (Appellate Division dissent)
Posted: 5/14/12
Argued: 5/14/13
Decided:
6/2/14

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?
Appeal as of right (Appellate Division dissent)
Posted: 5/14/12
Argued: 10/21/13
Reargued: 1/6/14
Decided:
5/15/14

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?
Certification granted: 5/9/12
Posted: 5/10/12
Argued: 9/10/13
Reargued: 4/9/14
Decided:

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?
Leave to appeal granted: 5/3/12
Posted: 5/7/12
Argued: 4/16/13
Decided:
1/29/14

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?
Certification granted: 5/3/12
Posted: 5/7/12
Argued: 3/12/13
Decided:
8/12/13

A-111-11 J. B. v. W. B. (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?
Certification granted: 5/3/12
Posted: 5/7/12
Argued: 3/11/13
Decided:
8/20/13

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?
Certification granted: 5/3/12
Posted: 5/7/12
Argued: 5/13/13
Decided:
2/12/14

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?
Certification granted: 5/3/12
Posted: 5/7/12
Argued: 3/11/13
Decided:
7/30/13

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?
Certification granted: 5/3/12
Posted: 5/7/12
Argued: 4/16/13
Order dismissed as improvidently granted: 4/17/13

A-107-11 Princeton Office Park, LP v. Plymouth Park Tax Services, LLC (069521)
Under New Jersey law, does the purchaser of a municipal tax sale certificate hold a tax lien?
Question of law certified by U.S. Court of Appeals for Third Circuit, accepted 5/3/12
Posted: 5/7/12
Argued: 10/21/13
Reargued: 2/3/14
Decided:
6/25/14

A-106-11 & A-101-11 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?
Motion for leave to appeal granted: 3/22/12 & 4/12/12
Posted: 4/3/12 & updated 4/18/12

Argued: 11/04/13
Decided:
6/30/14

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)?
Certification granted: 4/9/12
Posted: 4/18/12

Argued: 4/30/13
Decided:
10/28/13

A-104-11 State v. Jahnell Weaver (069185)
Did the trial court improperly apply N.J.R.E. 404(b) to preclude defendant from offering for exculpatory purposes evidence that his codefendant used the murder weapon in subsequent shootings?
Certification granted: 4/9/12
Posted: 4/18/12

Argued: 2/4/14
Decided:

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)?
Certification granted 3/29/12
Posted: 4/3/12

Argued: 3/11/13
Decided:
8/13/13

A-102 & A-38-11 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?
Certification granted 11/18/11 & 3/23/12
Posted 11/21/11 & updated 4/3/12

Argued: 1/3/13
Decided:
7/2/13

A-101-11 & A-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?
Motion for leave to appeal granted: 3/22/12 & 4/12/12
Posted: 4/3/12 & updated 4/18/12

Argued: 11/04/13
Decided:
6/30/14

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?
Certification granted: 3/22/12
Posted: 4/3/12

Argued: 3/12/13
Decided:
9/17/13

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?
Certification granted: 3/14/12
Posted: 3/16/12
Argued: 3/12/13
Decided:
11/12/13

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?
Certification granted: 3/14/12
Posted: 3/16/12
Argued: 2/27/13
Order dismissed as improvidently granted: 2/28/13

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?
Certification granted: 3/14/12
Posted: 3/16/12
Argued: 2/26/13
Decided:
6/26/13

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?
Certification granted: 3/14/12
Posted: 3/16/12
Argued: 2/26/13
Decided:
7/1/13

A-94-11 George C. Riley v. State Parole Board (069327)
Is the retroactive application of the Sex Offender Monitoring Act, N.J.S.A. 30:4-123.89 to -123.95, to persons who committed offenses before its enactment unconstitutional?
Appeal as of right (Appellate Division dissent); and certification granted: 3/14/12
Posted: 3/16/12
Argued: 1/7/14
Decided:

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?
Certification granted: 3/9/12
Posted: 3/16/12
Argued: 1/28/13
Decided:
7/29/13

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?
Certification granted: 2/27/12
Posted: 2/27/12
Argued: 2/26/13
Dismissed as improvidently granted
- 11/19/13

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?
Certification granted: 2/27/12
Posted: 2/27/12
Argued: 1/15/13
Decided:
12/19/13

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?
Certification granted: 2/9/12
Posted: 2/14/12
Argued: 1/3/13
Dismissed as Improvidently Granted – Order dated 1/11/13

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?
Motion for leave to appeal granted: 2/9/12
Posted: 2/14/12
Argued: 2/27/13
Decided:
7/22/13

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?
Certification granted: 2/9/12
Posted: 2/14/12
Argued: 1/14/13
Decided:
4/29/13

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?
Certification granted: 2/9/12
Posted: 2/14/12
Argued: 4/17/13
Decided:
7/17/13

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?
Certification granted: 2/2/12
Posted: 2/6/12
Argued: 1/3/13
Decided:
3/13/14

A-84-11 Ilirjan Bida v. Township of Wayne (068950)
Is plaintiff barred from pursuing a complaint with the Tax Court for relief pursuant to the Correction of Errors statute, N.J.S.A. 54:51A-7, under the circumstances presented, which included plaintiff's failure to timely appeal a municipal property tax to the County Board of Taxation?
Certification granted: 2/2/12
Posted: 2/6/12
Dismissed by stipulation of the parties: 6/21/12

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?
Certification granted: 2/2/12
Posted: 2/6/12
Argued: 1/29/13
Decided: 10/3/13

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?
Certification granted: 2/2/12
Posted: 2/6/12
Argued: 1/14/13
Decided
: 6/12/13

A-80-11 Harold M. Hoffman v. Supplements Togo Management, LLC (068416)
In this case alleging fraud and Consumer Fraud Act violations relating to a product purchased over the internet, were the complaint's allegations of damages and loss sufficient to survive a motion to dismiss, and was plaintiff's dual role as class counsel and class representative permissible?
Certification granted: 2/2/12
Posted: 2/6/12
Argued:
Stipulation of Dismissal – Order dated 11/28/12

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?
Certification granted: 1/26/12
Posted: 2/6/12
Argued: 1/15/13
Decided:
9/25/13

A-71-11 James P. Renner v. AT&T (068744)
Does the record support this workers' compensation claim under N.J.S.A. 34:15-7.2, which sets the standard of proof governing claims based on injury or death from cardiovascular causes?
Certification granted: 2/14/12
Posted: 2/14/12
Argued: 1/6/14
Decided
:

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?
Certification granted: 1/26/12
Posted: 2/6/12
Argued: 1/29/13
Remanded by Order: 2/12/13 – Jurisdiction Retained
Dismissed by Order: 3/13/13

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?
Certification granted: 1/19/12
Posted: 1/24/12
Argued: 1/2/13
Dismissed as Improvidently Granted – Order dated 1/11/13

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?
Certification granted: 1/19/12
Posted: 1/24/12
Argued: 11/28/12
Decided:
9/9/13

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?
Certification granted: 1/19/12
Posted: 1/24/12
Argued: 11/28/12
Decided:
1/15/14

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?
Certification granted: 1/19/12
Posted: 1/24/12
Argued: 1/14/13
Decided:
9/12/13

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?
Certification granted: 1/19/12
Posted: 1/24/12
Argued: 1/28/13
Order dismissed as improvidently granted: 2/12/13

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?
Certification granted: 1/13/12
Posted: 1/18/12
Argued: 11/28/12
Decided:
10/16/13

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?
Certification granted: 1/13/12
Posted: 1/18/12
Argued: 11/27/12
Decided:
5/16/13

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?
Certification granted: 1/13/12
Posted: 1/18/12
Argued: 2/27/13
Decided:
8/15/13

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?
Certification granted: 1/13/12
Posted: 1/18/12
Argued: 11/27/12
Decided:
6/20/13

A-59-11 John T. Carlin v. Cornell, Hegarty & Koch (069248)
In this insurance coverage action, does a claim that defendants fraudulently concealed evidence during their prior successful defense of a covered personal injury claim fall with the scope of coverage applicable to that original claim, or is it a new claim that is not otherwise covered by the applicable policies?
Certification granted: 1/13/12
Posted: 1/18/12
Argued:
Stipulation of Dismissal – Order dated 3/16/12

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?
Certification granted: 1/13/12
Posted: 1/18/12
Argued: 1/27/12
Decided:
2/16/12

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?
Leave to appeal granted: 1/13/12
Posted: 1/18/12
Argued: 1/14/13
Decided:
6/6/13

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?
Leave to appeal granted: 1/13/12
Posted: 1/18/12
Argued: 11/5/12
Decided: 3/18/13

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?
Leave to appeal granted: 1/13/12
Posted: 1/18/12
Argued: 11/5/12
Decided:
5/15/13

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?
Appeal as of right (Appellate Division dissent)
Posted: 1/3/12
Argued: 10/23/12
Decided:
4/23/13

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?
Certification granted: 12/13/11
Posted: 12/16/11
Argued: 10/22/12
Reargued: 1/29/13
Decided:
7/18/13

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?
Certification granted: 12/13/11
Posted: 12/16/11
Argued: 11/5/12
Decided:
8/5/13

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)?
Leave to appeal granted: 12/8/11
Posted: 12/16/11
Argued: 10/11/12
Dismissed as Improvidently Granted – Order dated 11/28/12

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?
Leave to appeal granted: 12/8/11
Posted: 12/16/11
Argued: 1/15/13
Decided:
6/19/13

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?
Certification granted: 12/8/11
Posted: 12/16/11
Argued: 10/11/12
Decided: 04/10/13

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?
Certification granted: 12/8/11
Posted: 12/16/11
Argued: 9/25/12
Decided:
12/13/12

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?
Certification granted: 12/8/11
Posted: 12/16/11
Argued: 10/10/12
Decided:
4/1/13

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?
Certification granted: 12/8/11
Posted: 12/16/11
Argued: 11/5/12
Decided:
6/25/13

A-45-11 NAACP of Camden County East v. Foulke Management Corp. (069019)
Were the arbitration provisions contained in various form documents that a consumer signed in connection with her purchase of a new motor vehicle from a New Jersey dealership enforceable?
Certification granted: 12/8/11
Posted: 12/16/11
Dismissed by Order: 1/24/13

A-44-11 State v. Wali Williams (068647)
Was defendant provided with ineffective assistance of counsel, thereby allowing him to withdraw his guilty plea, and was he entitled to an evidentiary hearing on that issue?
Certification granted: 12/8/11
Posted: 12/16/11
Dismissed and remanded by Order: 3/8/13 - Jurisdiction Not Retained

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?
Certification granted: 12/1/11
Posted: 12/2/11
Argued: 9/10/12
Decided:
1/10/13

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?
Certification granted: 12/1/11
Posted: 12/2/11
Argued: 1/2/13
Decided:
9/24/13

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?
Leave to appeal granted 11/18/11
Posted: 11/21/11
Argued: 1/2/13
Decided:
6/13/13

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?
Certification granted 11/18/11
Posted: 11/21/11
Argued: 1/2/13
Decided:
3/11/13

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?
Certification granted 11/18/11
Posted: 11/21/11
Argued: 11/28/12
Decided:
9/10/13

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?
Certification granted 11/18/11 & 3/23/12
Posted 11/21/11 & updated 4/3/12
Argued: 1/3/13
Decided:
7/2/13

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?
Appeal as of right (Appellate Division dissent)
Posted: 11/21/11
Argued: 10/22/12
Decided:
7/24/13

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?
Certification granted 11/14/11
Posted: 11/21/11
Argued: 10/23/12
Decided:
1/22/13

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?
Appeal as of right (Appellate Division dissent)
Posted: 11/10/11

Argued: 9/11/12
Decided: 10/2/13

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?
Certification granted 11/10/11
Posted: 11/10/11

Argued: 3/26/12
Decided:
7/24/12

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?
Certification granted 11/4/11
Posted: 11/7/11

Argued: 5/8/12
Decided:
8/9/12

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?
Certification granted 11/4/11
Posted: 11/7/11

Argued: 9/24/12
Decided:
1/17/13

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?
Certification granted 11/4/11
Posted: 11/7/11

Argued: 2/27/13
Decided:
1/30/14

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?
Appeal as of right (Appellate Division dissent)
Posted: 10/27/11

Argued: 9/25/12
Decided:
3/12/13

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)?
Certification granted 10/26/11
Posted: 10/27/11

Argued: 9/10/12
Decided:
2/6/13

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?
Certification granted 10/26/11
Posted: 10/27/11

Argued: 9/24/12
Decided:
1/14/13

A-26-11/A-23-10 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?
Petition for review granted 10/08/10 & 10/25/11
Posted 10/08/10 & 10/26/11
Argued: 2/26/13
Decided:
9/19/13

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?
Leave to appeal granted 10/20/11
Posted 10/26/11

Argued: 10/11/12
Decided:
5/14/13

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?
Certification granted 10/20/11
Posted 10/26/11

Argued: 9/24/12
Decided: 3/19/13

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)?
Certification granted 10/20/11
Posted 10/26/11

Argued: 1/17/12
Dismissed by Order 02/02/12

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?
Certification granted 10/20/11
Posted 10/26/11

Argued: 9/11/12
Order dismissed as improvidently granted: 9/24/12

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)?
Certification granted 10/20/11
Posted 10/26/11

Argued: 1/17/12
Dismissed by Order 02/02/12

A-19/20-11 & A-9-11 State in the Interest of V.A./State in the Interest of C.T./State in the Interest of M.R., Minors (068707)
In this case in which the Prosecutor determined to transfer jurisdiction of juvenile criminal defendants from the Family Part to the Law Division, Criminal Part, were the Attorney General's Juvenile Waiver Guidelines correctly applied?
Leave to appeal granted 9/9/11 & 10/20/11
Posted 9/19/11 & 10/26/11

Argued: 4/24/12
Decided:
9/12/12

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)?
Certification granted 10/20/11
Posted 10/26/11

Argued: 1/17/12
Dismissed by Order 02/02/12

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?
Certification granted 10/20/11
Posted 10/26/11

Argued: 9/10/12
Decided:
11/15/12
Revised: 1/11/13

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?
Certification granted 10/13/11
Posted 10/14/11

Argued: 5/8/12
Decided:
8/6/12

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?
Certification granted 10/13/11
Posted 10/14/11

Argued: 5/7/12
Decided:
10/22/12

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)?
Certification granted 10/13/11
Posted 10/14/11

Argued: 3/27/12
Decided:
9/12/12

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?
Certification granted 10/4/11
Posted 10/07/11
Argued: 10/22/12
Decided:
3/7/13

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?
Petition for review granted 9/30/11
Posted 10/07/11
Argued: 11/27/12
Decided:
3/6/13

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?
Certification granted 9/30/11
Posted 10/07/11
Argued: 11/30/11
Decided:
2/27/12

A-10-11/A-122-10 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?
Leave to appeal granted 6/30/11 & 9/28/11
Posted 7/5/11 & 10/7/11
Argued: 4/24/12
Decided:
09/20/12

 A-9-11 & A-19/20-11 State in the Interest of V.A./State in the Interest of C.T./State in the Interest of M.R., Minors (068707)
In this case in which the Prosecutor determined to transfer jurisdiction of juvenile criminal defendants from the Family Part to the Law Division, Criminal Part, were the Attorney General's Juvenile Waiver Guidelines correctly applied?
Leave to appeal granted 9/9/11 & 10/20/11
Posted 9/19/11 & 10/26/11

Argued: 4/24/12
Decided:
9/12/12

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?
Leave to appeal granted 9/9/11
Posted 9/19/11
Argued: 3/27/12
Decided:
5/1/12

A-6/7-11  Edward Nicholas v. Dr. Christopher Mynster (068439 & 068440)
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?
Leave to appeal granted 9/9/11
Posted 9/19/11
Argued: 10/11/12
Decided: 4/25/13

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?
Petition granted 9/9/11
Posted 9/19/11
Argued: 10/10/12
Decided:
5/13/13

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?
Petition granted 9/9/11
Posted 9/19/11
Argued: 4/25/12
Decided:
10/10/12

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?
Petition granted 9/9/11
Posted 9/19/11
Argued: 9/11/12
Decided:
5/20/13

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?
Petition granted 9/13/11
Posted 9/19/11
Argued: 5/7/12
Decided:
9/26/12

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?
Petition granted 9/9/11
Posted 9/19/11
Argued: 5/15/12
Decided:
9/25/12

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?
Petition granted 7/22/11
Posted 7/25/11

Argued: 3/13/12
Decided:
8/13/12

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?
Petition granted 7/22/11
Posted 7/25/11

Argued: 3/1/12
Decided:
10/24/12

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?
Motion for leave to appeal granted 7/14/11
Posted 7/18/11

Argued: 11/9/11
Decided:
2/28/12

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?
Certification granted 7/14/11
Posted 7/18/11

Argued: 5/15/12
Decided:
7/17/12

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?
Certification granted 7/14/11
Posted 7/18/11

Argued: 4/25/12
Decided:
8/2/12

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?
Certification granted 7/14/11
Posted 7/18/11

Argued: 3/13/12
Decided: 7/9/12

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?
Certification granted 7/14/11
Posted 7/18/11

Argued: 3/13/12
Decided:
6/27/12

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?
Certification granted 7/14/11
Posted 7/18/11

Argued: 1/31/12
Decided:
7/30/12

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
Posted 7/5/11
Argued: 3/27/12
Reargued: 10/22/12
Decided:
7/9/13

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?
Leave to appeal granted 6/30/11 & 9/28/11
Posted 7/5/11 & 10/7/11
Argued: 4/24/12
Decided:
9/20/12

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?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 4/25/12
Decided:
8/7/12

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?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 1/30/12
Dismissed as improvidently granted: 6/21/12

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?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 1/30/12
Decided:
6/28/12

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?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 3/1/12
Decided:
7/23/12

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)?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 1/17/12
Dismissed by Order 02/02/12

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?
Certification granted 6/16/11
Posted 6/17/11
Argued: 10/23/12
Decided:
4/4/13

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?
Certification granted 6/16/11
Posted 6/17/11
Argued: 1/30/12
Decided:
10/16/12

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?
Leave to appeal granted 6/7/11
Posted 6/10/11

Argued: 1/18/12
Decided:
5/8/12

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?
Certification granted 6/7/11
Posted 6/10/11

Argued: 4/24/12
Decided:
7/25/12

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?
Certification granted 6/7/11
Posted 6/10/11

Argued: 3/26/12
Decided:
8/1/12

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?
Leave to appeal granted 5/19/11
Posted 5/23/11
Argued: 1/4/12
 
Decided:
8/16/12

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?
Leave to appeal granted 5/19/11
Posted 5/23/11
Argued: 3/1/12
Dismissed as Improvidently Granted: 3/12/12

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?
Certification granted 5/19/11
Posted 5/23/11
Argued: 11/9/11
Decided:
2/28/12

A-108-10 DYFS v. F.M. (067611)
Was it appropriate to terminate defendant's parental rights under the circumstances presented?
Certification granted 5/19/11
Posted 5/23/11
Argued: 1/4/12
 
Decided:
8/14/12

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?
Certification granted 5/12/11
Posted 5/23/11
Argued: 1/18/12
Decided:
2/16/12

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?
Leave to appeal granted 5/12/11
Posted 5/23/11
Argued: 1/18/12
Decided: 7/26/12

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?
Certification granted 5/12/11
Posted 5/23/11
Argued: 3/1/12
Decided:
7/18/12

A-104-10 State v. Marcus King (067265)
Was defendant denied his right to self-representation under the circumstances presented?
Certification granted 5/12/11
Posted 5/23/11
Argued: 1/4/12
 
Decided:
4/12/12

A-103-10 State v. Derrick Harris, Sr. (067348)
Was evidence of defendant's prior criminal convictions admissible under the circumstances?
Certification granted 4/14/11
Posted 4/18/11
Argued: 10/25/11
Decided:
2/27/12

A-102-10 State v. J.A.C. (067520)
Were the contents of the minor victim's instant messages to other adult males admissible?
Certification granted 4/14/11
Posted 4/18/11
Argued: 11/9/11
Decided:
6/14/12

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?
Leave to appeal granted 4/14/11
Posted 4/18/11
Argued: 1/31/12
Decided:
5/7/12

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?
Certification granted 4/14/11
Posted 4/18/11
Argued: 10/25/11
Decided:
1/25/12

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?
Certification granted 4/14/11
Posted 4/18/11
Argued: 1/4/12
 
Decided:
7/31/12

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?
Certification granted 4/14/11
Posted 4/18/11
Argued: 1/18/12
Decided:
5/3/12

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?
Certification granted 4/7/11
Posted 4/11/11

Argued: 3/12/12
Decided:
7/5/12

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?
Certification granted 3/31/11
Posted 4/1/11
Argued: 11/29/11
Decided:
1/24/13

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?
Certification granted 3/31/11
Posted 4/1/11
Argued: 11/30/11
Decided:
2/2/12

A-90/91/92/93/94 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"?
Certification granted 3/31/11
Posted 4/1/11
Argued: 11/14/12
Decided:
9/26/13

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?
Certification granted 3/31/11
Posted 4/1/11
Argued: 1/30/12
Decided:
8/9/12

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?
Certification granted 3/31/11
Posted 4/1/11
Argued: 10/25/11
Decided:
6/18/12

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?
Leave to appeal granted 3/16/11
Posted 3/17/11

Argued: 11/9/11
Decided:
5/14/12

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?
Certification granted 3/10/11
Posted 3/11/11

Argued: 11/7/11
Decided:
5/22/12

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?
Certification granted 2/15/11
Posted 2/16/11

Argued: 11/7/11
Decided:
8/15/12

A-79-10 State v. Reynaldo Galicia (067018)
Did the jury instructions and verdict sheet inappropriately limit the application of the passion/provocation defense?
Certification granted 2/15/11
Posted 2/16/11

Argued: 11/30/11
Decided:
6/19/12

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?
Certification granted 2/10/11
Posted 2/16/11

Argued: 11/7/11
Decided:
03/06/12

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?
Certification granted 2/3/11
Posted 2/4/11
Argued: 11/7/11
Decided: 5/16/12
Corrected Opinion issued: 5/21/12

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?
Certification granted 2/3/11
Posted 2/4/11
Argued: 9/26/11
Decided:
1/18/12

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?
Certification granted 2/3/11
Posted 2/4/11
Argued: 10/24/11
Decided:
2/27/12

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?
Certification granted 2/3/11
Posted 2/4/11
Argued: 10/25/11
Decided:
1/25/12

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?
Certification granted 1/27/11
Posted 1/28/11
Argued: 1/17/12
Decided:
6/14/12

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?
Certification granted 1/27/11
Posted 1/28/11
Argued: 10/12/11
Decided:
6/26/12

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?
Certification granted 1/27/11
Posted 1/28/11
Argued: 9/26/11
Reargued:
3/12/12
Decided:
10/25/12

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?
Appeal as of right (Appellate Division dissent)
Posted 1/28/11
Argued: 9/12/11
Decided:
1/19/12

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?
Appeal as of right (Appellate Division dissent)
Posted 1/28/11
Argued: 10/24/11
Decided:
6/13/12

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?
Certification granted 1/20/11
Posted 1/24/11

Argued: 9/12/11
Decided:
2/6/12

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?
Certification granted 1/20/11
Posted 1/24/11

Argued: 10/12/11
Decided:
3/8/12

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"?
Certification granted 1/20/11
Posted 1/24/11

Argued: 10/12/11
Decided:
1/18/12
Corrected Opinion issued: 1/19/12

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?
Certification granted 1/18/11
Posted 1/18/11
Argued: 9/12/11
Decided:
2/6/12

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?
Certification granted 1/7/11
Posted 1/10/11

Argued: 9/12/11
Decided: 2/29/12

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?
Certification granted 1/7/11
Posted 1/10/11
Argued:
9/13/11
Decided: 2/16/12

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?
Leave to appeal granted 12/10/10
Posted 12/14/10
Argued: 9/12/11
Decided: 1/12/12

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?
Leave to appeal granted 12/10/10
Posted 12/14/10
Argued: 10/11/11
Decided: 1/23/12

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?
Leave to appeal granted 12/10/10
Posted 12/14/10
Argued: 5/3/11
Reargued:
1/5/12
Decided: 9/13/12

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?
Certification granted 12/10/10
Posted 12/14/10
Argued: 10/12/11
Decided: 6/20/12

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?
Petition for review granted 10/08/10 & 10/25/11
Posted 10/08/10 & 10/26/11
Argued: 2/26/13
Decided:
9/19/13

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?
Certification granted 10/07/10
Posted 10/08/10
Argued: 10/11/11
Decided: 1/24/12

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?
Certification granted 9/23/10
Posted 9/23/10
Argued:
9/13/11
Decided: 2/1/12

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?
Certification granted 7/12/10
Posted: 7/16/10

Argued: 1/5/11
Reargued: 11/29/11
Decided: 2/28/12

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?
Certification granted 12/17/09
Argued: 9/27/10
Reargued: 10/24/11
Decided: 8/8/12

A-27-09 State v. John Wessells (64,599)
Once an accused has invoked his right to counsel, may law enforcement authorities initiate further interrogation after there has been a "break in custody"?
Leave to appeal granted 9/24/09
Argued: 1/6/10
Reargued: 11/30/11
Decided: 2/29/12

A-22-09 State v. T.M. (64,396)
Is the defendant, the live-in boyfriend of the child-victim's mother, a "person legally charged with the care and custody" of the child and therefore guilty of first-degree endangering in violation of N.J.S.A. 2C:24-4b(3)?
Certification granted 9/11/09
Order Improvidently Granted – filed 1/15/14

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?
Petition for review granted 5/29/08
Argued: 12/2/08
Remanded by Order: 2/26/09
Scheduling Order entered: 7/23/10
Re-Argued: 1/4/11
Re-Argued: 10/10/12

Decided: 3/14/13

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