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Supreme Court Agendas Court Year 2013-2014

(most recent at top)

April 9, 2014

10 a.m.

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?

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?

1 p.m.

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?

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?

2 p.m.

D-24-13 In the matter of Samuel Rak (073479)

D-46-13 In the matter of Peter J. Cammarano, III (073714)


April 1, 2014

10 a.m.

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?

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?

1 p.m.

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?

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?

2 p.m.

D-64-13 In the matter of Elizabeth M. Goldman (073875)


March 31, 2014

10 a.m.

A-7-13 Janet Henebema v. South Jersey Transportation Authority and New Jersey State Police (072545)
Did the erroneous jury charge on the proper standard of care under the Tort Claims Act require a retrial on liability only or is a retrial on the jury’s damages award also required?

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?

1 p.m.

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?

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?


March 18, 2014

10 a.m.

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?

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?

1 p.m.

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?

2 p.m.

D-45-13 In the matter of Owen Chambers (073711)


March 17, 2014

10 a.m.

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?

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?

1:30 p.m.

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?

2:30 p.m.

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.?


March 4, 2014

10 a.m.

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 hotelís fire sprinkler system; and was the opinion of plaintiffís expert regarding that standard of care an impermissible net opinion?

1 p.m.

A-129-11 State v. Reginald Roach (068874)
Was defendantís right to confrontation violated when the State's DNA expert testified to results obtained by another forensic scientist who did not testify at trial?

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 defendantís right of confrontation?

A-69-12 State v. Julie L. Michaels a/k/a Lynn Michaels (072106)
Was defendantís right of confrontation violated by the admission of the expert testimony and report regarding the results of the laboratory analysis of her blood samples?


Feb. 4, 2014

10 a.m.

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)?
    
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?

1 p.m.

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?

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?

2 p.m.

D-18-13 In the matter of Chris C. Olewuenyi (073464)

D-28-13 In the matter of Ernest G. Ianetti (073588)


Feb. 3, 2014

10 a.m.

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?

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?

1 p.m.

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?

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?


Jan. 21, 2014

1 p.m.

A-36-12 Luis Perez v. Zagami, LLC d/b/a The Landmark Americana Tap & Grill (071358)
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?

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?

D-169-12 In the matter of John E. Tiffany (073104)


Jan. 7, 2014

10 a.m.

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?

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?

1 p.m.

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?

2 p.m.

D-168-12 In the matter of Keith O. Moses

M-95-12 In the matter of Edward A. MacDuffie


Jan. 6, 2014

10 a.m.

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?

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?

11 a.m.

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?

1:30 p.m.

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?

2 p.m.

D-110-12 In the matter of Neil L. Gross

D-24-13 In the matter of Samuel Rak


Nov. 19, 2013

10 a.m.

A-42-12 In the Matter of the Civil Commitment of D.Y. SVP 491-08 (071464)
Is there a constitutional right to self-representation at a commitment hearing under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38?

A-59-12 Cheryl Hersch v. County of Morris(071433)
Did this employee’s injuries, which occurred when she was struck by a car while walking across a public street to her place of employment from a privately owned garage in which she parked her car at her employer’s expense, arise out the course of her employment entitling her to benefits under the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -142?

1 p.m.

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?

2 p.m.

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


Nov. 18, 2013

10 a.m.

A-16-12 Martin O’Boyle v. Borough of Longport (070999)
Are the documents requested from the Borough protected from access under the Open Public Records Act because they are protected by the attorney work-product privilege and common interest doctrine?

A-40-12 State v. Raymond D. Kates (070971)
Under the circumstances, did the denial of defendant’s request for a continuance to hire a private attorney deny defendant his constitutional right to counsel of his choice?

1 p.m.

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?

2 p.m.

M-1557-12 In the matter of Anthony J. Balliette


Nov. 6 , 2013

10 a.m.

A-44-12 State v. Carlos Bolvito (071493)
May a sentencing court consider a defendant’s ability to pay when imposing a Sex Crime Victims Treatment Fund penalty under N.J.S.A. 2C:14-10(a)?

A-38-12 State v. Kenneth W. Verpent (071272)
Did the trial court err in denying defendant’s motion to suppress the results of the urine test; did the trial court abuse its discretion in admitting certain expert testimony that was allegedly beyond the scope of the expert’s qualifications; and did the trial court impermissibly allow expert testimony on the ultimate issue of fact?

1 p.m.

A-32-12 C.A. v. Eric Bentolila, M.D. (071702)
Is the hospital memorandum concerning the circumstances surrounding plaintiff’s birth privileged from disclosure under the confidentiality provisions of the Patient Safety Act, N.J.S.A. 26:2H-12.23 to -12.25?


Nov. 4 , 2013

10 a.m.

A-101/106-11 Lorraine Gormley v. Latanya Wood-El (069717)
Are defendants entitled to qualified immunity in this case alleging violation of a constitutional right to substantive due process for failing to protect plaintiff while she was providing legal services to her involuntarily-committed client?

A-29-12 Isabel Nichols v. Board of Trustees, Public Employees’ Retirement System (071285)
For purposes of an application for accidental disability retirement benefits under N.J.S.A. 43:15A-43, did the employee’s fall on an ice-covered entrance into the workplace approximately one-half hour before her designated start time occur “during and as a result of the performance” of her “regular and assigned duties”?

1 p.m.

A-45-12 State v. Kirby Lenihan (071497)
Can a violation of the “seat belt law,” N.J.S.A. 39:3-76.2f, be a predicate offense to support a criminal conviction under N.J.S.A. 2C:40-18(b), which prohibits knowingly violating a law or failing to perform a duty imposed by a law intended to protect the public health and safety and recklessly causing serious bodily injury?


Oct. 22 , 2013

10 a.m.

A-15-12 State v. Byseem T. Coles (070653)
Did defendant’s aunt have the authority to consent to a search of defendant’s bedroom in her home, for which defendant was paying rent; and did the failure of the police to ask defendant, who was in custody nearby, for his consent, render the ensuing search unlawful and the seized evidence subject to suppression?  

A-37-12 State v. Michael Lamb (071262) 
Was consent by an occupant to search the premises constitutionally effective against a third party when an absent cotenant has objected to the search?

1 p.m.

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?

2 p.m.

D-153-12 In the matter of Steven E. Savage

D-169-12 In the matter of John E. Tiffany


Oct. 21 , 2013

10 a.m.

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?     

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?

1 p.m.

A-115-11 State v. Carl Hreha (070222)
Did defendant voluntarily waive his Miranda rights or should his confession have been suppressed under the circumstances?


Oct. 8 , 2013

10 a.m.

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?

1 p.m.

A-8-12 State v. Kelvin Williams (071306)
Do the circumstances of this case, including defendant’s statement that he had a bomb and the fact that his hooded sweatshirt could have concealed a bomb, support a finding of armed robbery by simulation or did the trial court err in denying the motion for acquittal?

A-35-12 State v. Christopher Dekowski (071019)
 Do the circumstances of this case, including defendant’s unusual behavior and handing a bank teller a note that demanded money and stated he had a bomb, support a finding of first-degree armed robbery by simulation, or must the conviction be reduced to second-degree robbery because there was no evidence defendant actually had a bomb or other weapon?


Oct. 7 , 2013

10 a.m.

A-13-12 Judy Komlodi v. Ann Picciano, M.D. (071301)
Under the circumstances of this case, did the trial court err in instructing the jury to consider whether the patient’s drug addiction and alcohol abuse were pre-existing conditions that proximately caused the injuries she suffered when she orally ingested pain medication contained in patches prescribed for external application to the skin?

A-39-12 In the Matter of the Expungement Application of D.J.B. (070973)
Must prior delinquency adjudications for acts that would have been crimes if committed by an adult be counted when considering an application under N.J.S.A. 2C:52-2 for expungement of a subsequent offense committed as an adult, in light of N.J.S.A. 2C:52-4.1, which provides that for expungement purposes “any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult”?

1 p.m.

A-26-12 Nowell James v. New Jersey Manufacturers Insurance Co. (071344)
Does N.J.S.A. 17:28-1.1(f), which amended the statute on uninsured and underinsured motorists to prohibit use of “step-down” provisions to reduce coverage available to an insured’s employees, apply retroactively to claims arising out of accidents that occurred and policies in existence prior to the effective date of the amendment; and if so, should the doctrine of manifest injustice be applied to bar retroactive application in this case?


Sept. 24 , 2013

10 a.m.

A-25-12 Estate of Stanley Kosakowski v. Director, New Jersey Division of Taxation (071319)
Does the doctrine manifest injustice bar the retroactive application of amendments to the estate tax statute, N.J.S.A. 54:38-1, under the circumstances of this case?

A-33/34-12 Robert B. Beim v. Trevor R. Hulfish (071025)
Where federal estate taxes were greater than they might have been if the decedent had died in a later year, is the corresponding loss in the heir’s anticipated inheritance recoverable as “pecuniary injuries” under the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6?


Sept. 23 , 2013

10 a.m.

A-41-12 State v. Diana M. Palma (071228)
What is the standard for imposing a jail sentence for a careless driving offense?

A-28-12 State of New Jersey, in the Interest of K.O., a Minor (070406)
Pursuant to N.J.S.A. 2A:4A-44 (d)(3), which permits imposing an extended term sentence on a “juvenile who was adjudged delinquent on two separate occasions” for second-degree offenses, may the current delinquency adjudication be counted as one of the two requisite adjudications?

1 p.m.

A-21-12 State v. Sean Bell (070736)
May a defendant apply for admission into the pretrial intervention program after being tried and found guilty of only a third-degree offense?


Sept. 10 , 2013

10 a.m.

M-1538/1539/1540 State v. Jane Chun
(Motions in aid of litigants’ rights)
Did the State fail to sufficiently comply with the Court’s 2008 judgment requiring it to maintain a centralized statewide database of Alcotest results and to revise the Alcotest’s firmware; should the Court grant the State relief from the requirement that it revise the Alcotest’s firmware; and should the Court enter an order declaring that the Alcotest with firmware version 3.11 is unreliable and unfit for use?

11 a.m.

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?

1 p.m.

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?

2 p.m.

D-136-12 In the matter of Charles P. Ingenito

D-149-12 In the matter of Kowana Johnson


Sept. 9 , 2013

10 a.m.

A-20-12 State v. James W. Robinson (070556)
May a criminal defendant be sentenced to two extended term sentences, one mandatory and one discretionary, consistent with the prohibition against multiple extended terms, N.J.S.A. 2C:44-5a(2), and State v. Pennington, 154 N.J. 344 (1998)?

A-10-12 In the Matter of the Civil Commitment of R.F. SVP 490-08 (070552)
In this State action seeking the civil commitment under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38, did the Appellate Division err in concluding the trial court abused its discretion in determining the State had not met its burden of proving by clear and convincing evidence that R.F. suffers from a psychiatric condition that renders him likely to commit a sexually violent act?

1 p.m.

A-12-12 In the Matter of the Proposed Quest Academy Charter School of Montclair Founders Group (070972)
Does the “arbitrary, capricious, or unreasonable” standard of review apply to the final decision of the Commission of the Department of Education on an application to establish a charter school under the Charter School Program Act, N.J.S.A. 18A:36A-1 to -18?

A-18-12 State v. Reinaldo Fuentes (070729)
Did the trial court err in finding and weighing the aggravating factors in imposing defendant’s sentence?

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