Supreme Court Final Oral Argument Schedule for Tuesday, Jan. 29, 2013
The following is the Supreme Court's schedule for
oral arguments on Tuesday, Jan. 29, 2013. The issues before the Supreme Court are
outlined in the Appellate Division opinion in each case. If you are planning to
view the Webcast of Supreme Court arguments, you may want to review the opinion
under appeal in order to have a better understanding of the issues before the
Court. The opinions are in Adobe Acrobat Pdf format.
To view the argument schedule and corresponding opinions for the Monday, Jan. 28, 2013
Webcast, click here.
Please note that some of the Appellate Division opinions listed below have not been approved for publication, and that pursuant to New Jersey Court Rule 1:36, no unpublished opinion shall constitute precedent or be binding on any court.
(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).
10 a.m.
A-53-11 State v. Thomas W. Earls (068765)
Was defendant's arrest valid where law enforcement officers used information from defendant's cell phone provider about the general location of the cell phone; and did the plain view exception to the warrant requirement apply in these circumstances?
A-70-11 State v. Bernard Youngkin (069109)
Was defendant denied effective assistance of counsel entitling him to withdraw his guilty plea to criminal restraint because he was not warned that although he did not plead guilty to a predicate sexual offense, the State could later seek his civil commitment under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38?
11 a.m.
A-82/83-11 Anthony D'Agostino v. Ricardo Maldonado (068940)
Was the mortgage-rescue transaction in this matter a sale of "merchandise" bringing it within the purview of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -184?