The cases below are pending before the Supreme Court of New Jersey as of May 1, 2011:

 

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

A-98-10-10 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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

A-86-10 State v. Shannon Reeves (067193)
In the circumstances presented, were police justified in stopping and frisking defendant for a weapon under State v. Williams, 192 N.J. 1 (2007)?
Certification granted 3/16/11
Posted 3/17/11
Argued:
Decided:

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:
Decided:

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:
Decided:

A-81-10 State v. Reynold Regis (066947)
Must the State prove that defendant both failed to maintain his lane and that this affected the safety of other drivers to establish a traffic violation under N.J.S.A. 39:4-88(b)?
Certification granted 2/15/11
Posted 2/16/11
Argued:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

A-76-10 State v. Earl J. Smith, III (066971)
Does the victim of a motor vehicle accident have standing to appeal a provision in a municipal court judgment of conviction that precludes using defendant’s guilty plea to reckless driving in a civil proceeding under Rule 7:6-2(a)(1)?
Certification granted 2/3/11
Posted 2/4/11
Argued:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

A-67-10 State v. Stanford Yough (066950)
Did the Appellate Division err in reversing the Law Division’s order denying a mistrial based on the victim’s prejudicial comments made during defense counsel’s cross-examination concerning identification?
Appeal as of right (Appellate Division dissent)
Posted 1/28/11
Argued:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

A-63-10 John Rogers v. Cape May County Office of the Public Defender (067048)
For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, did plaintiff’s legal malpractice claim accrue when the Appellate Division reversed his conviction based on ineffective assistance of counsel or when the indictment against him was subsequently dismissed with prejudice?
Certification granted 1/20/11
Posted 1/24/11
Argued:
Decided:

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:
Decided:

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:
Decided:

A-59-10 Michael McDade v. Rodolfo Siazon (067086)
For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, does the discovery rule apply so that plaintiff’s personal injury claim did not accrue until he learned that the pipe that allegedly caused his fall on a sidewalk was owned by the municipal utilities authority (MUA) and not the municipality to whom he sent timely notice and which had the same claims administrator as the MUA?
Certification granted 1/20/11
Posted 1/24/11
Argued:
Decided:

A-57/58-10 State v. Krishana L. Hammond (066610)
Can a defendant be placed on probation for a second-degree aggravated assault subject to the No Early Release Act, N.J.S.A. 2C:43-7.2; and if not, what impact does defendant’s probationary sentence have on the subsequent sentences imposed?
Certification granted 1/20/11
Posted 1/24/11
Argued:
Decided:

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:
Decided:

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:
Decided:

A-53-10 Mark Tannen v. Wendy G. Tannen (066951)
Under the circumstances of this case, is it proper to impute income to defendant based on her beneficial interest in a discretionary trust for purposes of determining plaintiff’s alimony and child support obligations?
Certification granted 1/7/11
Posted 1/10/11
Argued:
Decided:

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:
Decided:

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:
Decided:

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:
Decided:

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: Scheduled for 5/3/11
Decided:

A-44-10 Karen Wood v. New Jersey Manufacturers Ins. Co. (066643)
Is there a right to a jury trial on a bad faith claim against an insurer under Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974)?
Certification granted 12/10/10
Posted 12/14/10
Argued: Scheduled for 5/3/11
Decided:

A-43-10 Vasil Kovalcik v. Somerset County Prosecutor’s Office (066529)
Do records of a public employee’s coursework or training beyond those demonstrating the minimum job qualifications constitute “personnel records” that are exempt from disclosure as “government records” under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13?
Certification granted 12/10/10
Posted 12/14/10
Argued: Scheduled for 5/4/11
Decided:

A-41/42-10 Pomerantz Paper Corp. v. New Community Corp. (066531)
Is this commercial seller subject to a claim of unconscionable commercial practices under the Consumer Fraud Act for billing the commercial buyer after delivery at prices the buyer claims were excessive?
Certification granted 12/10/10
Posted 12/14/10
Argued: Scheduled for 5/4/11
Decided:

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:
Decided:

A-38-10 Richard Luchejko v. City of Hoboken (066580)
Does a condominium association have a duty to maintain an abutting public sidewalk free of dangerous conditions?
Certification granted 11/18/10
Posted 11/24/10
Argued: 3/15/11
Decided:

A-37-10 City of Wildwood v. Gary DeMarzo (065696)
May a police officer for a municipality maintain that position on an unpaid leave of absence while also serving as an elected official on the governing body of the same municipality?
Certification granted 11/18/10
Posted 11/24/10
Appeal dismissed, certification improvidently granted. 3/24/11

A-36-10 Fair Share Housing Center, Inc. v. N.J. State League of Municipalities (066228)
Is the New Jersey State League of Municipalities, which is a nonprofit, unincorporated association of all New Jersey municipalities authorized pursuant to N.J.S.A. 40:48-22, a public agency subject to the New Jersey Open Public Records Act, N.J.S.A. 47A:1A-1 to -13, or the common law right of access to public records?
Certification granted 11/18/10
Posted 11/24/10
Argued: Scheduled for 5/4/11
Decided:

A-35-10 State v. Aaron P. Schmidt (066538)
When a person agrees to submit to an alcohol breath test but then fails to provide an adequate sample, are police required to read the standard statement concerning the consequences of refusal pursuant to N.J.S.A. 39:4-50.2(e)?
Certification granted 11/04/10
Posted 11/10/10
Argued: Scheduled for 3/28/11
Decided:

A-34-10 O Builders & Associates, Inc. v. Yuna Corp. of NJ d/b/a Baden Baden Restaurant (066490)
Did the prior consultation between the defendant and plaintiff’s attorney create a conflict that required the attorney to be disqualified from representing plaintiff in this litigation?
Certification granted 10/28/10
Posted 10/28/10
Argued: Scheduled for 3/29/11
Decided:

A-33-10 Donald Sachau v. Barbara Sachau (066297)
In deciding plaintiff’s application to enforce a provision in the divorce judgment requiring the sale of the marital residence when the parties’ youngest child completed college, was it proper to require that his share of the proceeds be based on the value of the home as of the date that the provision was actually triggered many years ago?
Certification granted 10/28/10
Posted 10/28/10
Argued: Scheduled for 3/29/11
Decided:

A-32-10  State v. George Calleia (066446)
Under the circumstances of this case, was it reversible error to allow the State to introduce the murder victim’s hearsay statements to show defendant’s motive to kill, and was it improper for the prosecutor to use a stopwatch during summation to show how long it took for the victim to die?
Certification granted 10/21/10
Posted 10/22/10
Argued: 3/15/11
Decided:

A-31-10  State v. L.H. (066436)
Where new DNA evidence leads to defendant’s conviction and sentence for a crime committed a decade earlier, and during the intervening period he was sentenced and completed custodial sentences on unrelated offenses, is defendant entitled to receive gap-time credits under N.J.S.A. 2C:44-5b(2) for the prior completed sentences?
Certification granted 10/21/10
Posted 10/22/10
Argued: 3/14/11
Decided:

A-30-10  William W. Allen v. V and A Brothers, Inc. (066568)
May employees be held liable for their personal participation in a corporation’s violation of Consumer Fraud Act (CFA) regulations without requiring plaintiff to establish grounds to pierce the corporate veil; and where the employees had been dismissed from the case and did not participate in the jury trial against the corporation, may they be bound by the jury’s findings on liability and damages?
Certification granted 10/21/10
Posted 10/22/10
Argued: 2/28/11
Decided:

A-28/29-10  Debra A. Lombardi v. Christopher J. Masso (066488)
Under what circumstances may a panel of the Appellate Division overturn the decision of another panel in a prior interlocutory appeal in the same case?
Petition for certification granted 10/21/10
Posted 10/22/10
Argued: Scheduled for 3/28/11
Decided:

A-27-10  Peter Risko v. Thompson Muller Automotive Group t/a Hammonton Chrysler Jeep Dodge (066502)
In this wrongful death case arising from a slip-and-fall, did the cumulative effect of plaintiff’s attorney’s comments during summation, including telling the jury that they would be “ignoring the law” if they had an issue with “a million dollar case,” violate the prohibition against suggesting a verdict?
Leave to appeal granted 10/21/10
Posted 10/22/10
Argued: Scheduled for 3/29/11
Decided:

A-25-10  Whirlpool Properties, Inc. v. Director, Division of Taxation (066595); and
A-26-10  Pfizer Inc. v. Director, Division of Taxation (066595)
Is N.J.S.A. 54:10A-6(B) of the New Jersey Corporation Business Tax Act, as amended in 2002, which is known as the “Throwout Rule,” facially constitutional under the United States Constitution?
Leave to appeal granted 10/21/10
Posted 10/22/10
Argued: Scheduled for 5/4/11
Decided:

A-24-10 Division of Youth & Family Services v. K.A. (066372)
Does striking a child several times on the shoulder with a closed fist, causing visible bruising, constitute abuse by “excessive corporal punishment” under N.J.S.A. 9:6-8.21?
Petition for certification granted 10/14/10
Posted 10/15/10
Argued: 3/15/11
Decided:

A-23-10 In the Matter of 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 be actively engaged in an entertainment career as a comedian?
Petition for review granted 10/08/10
Posted 10/08/10
Argued:
Decided:

A-22-10 Denise A. Perrelli v. Bridget Pastorelle (066207)
Does N.J.S.A. 39:6A-4.5(a) bar a person who was injured while a passenger in her own uninsured vehicle from pursuing an action for automobile accident injuries?
Leave to appeal granted 10/07/10
Posted 10/08/10
Argued: 3/14/11
Decided:

A-21-10 Division of Youth & Family Services v. T.B. (066294)
When T.B. left her sleeping four-year-old son home alone for two to three hours one evening under the mistaken belief that T.B.’s mother, with whom they resided, was also home asleep, did T.B. commit an act of “neglect” requiring her name to remain on the Division's child abuse registry pursuant to N.J.S.A. 9:6-8.11?
Certification granted 10/07/10
Posted 10/08/10
Argued: 2/28/11
Decided:

A-20-10 Gregory Russo v. Board of Trustees, Police & Firemen’s Retirement Sys. (065546)
Did the work-related incident that directly caused this officer’s permanent psychological disability qualify as a “traumatic event” under the standards set forth in Patterson v. Board of Trustees, State Police Retirement System, 194 N.J. 29 (2008)?
Certification granted 10/07/10
Posted 10/08/10
Argued: 3/1/11
Decided:

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:
Decided:

A-17-10/A-67-09  State v. Daniel Twian Brown (064807)
Were defendant’s custodial statements, made after he was unlawfully arrested, admissible?
Certification granted 1/22/10
Cross-petition granted 10/06/10
Re-posted 10/08/10
Argued: 10/12/10
Decided:

A-16-10 In the Matter of Nicholas R. Foglio, Fire Fighter (066482)
Was the challenging candidate entitled to a more detailed explanation for the hiring authority’s decision to bypass him for individuals ranked lower on the certified eligible list?
Certification granted 10/07/10
Posted 10/08/10
Argued: 3/1/11
Decided:

A-15-10 GMAC v. Rosanna Pittella (066273)
Pursuant to Rule 2:2-3(a) and Wein v. Morris, 194 N.J. 364 (2008), is an order compelling arbitration as to some but not all parties a “final judgment” for appeal purposes?
Certification granted 9/30/10
Posted 10/01/10
Argued: 1/31/11
Decided: 3/23/11

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:
Decided:

A-13-10 State v. Michael Hayes (065523)
Was defendant’s right to counsel violated where the trial court denied his request to adjourn sentencing so he could obtain new counsel to file a motion to withdraw his guilty plea based on the alleged ineffective assistance of his first attorney during plea negotiations?
Certification granted 9/23/10
Posted 9/23/10
Argued: 2/28/11
Decided:

A-12-10 Laura Higgins v. Mary F. Thurber (066001)
Is plaintiff’s legal malpractice action barred by the entire controversy doctrine given plaintiff’s voluntary dismissal of similar claims in the prior probate action?
Certification granted 9/15/10
Posted 9/23/10
Argued: 2/8/11
Decided: 3/16/11

A-11-10 State v. William E. Rivera a/k/a Juan Rivera (065943)
Was it plain error for the trial court to not charge the jury on diminished capacity given the testimony of defendant’s expert regarding his psychological condition?
Certification granted 9/15/10
Posted 9/23/10
Argued: 3/1/11
Decided: 4/26/11

A-10-10 Robert Buck v. James R. Henry, M.D. (065860)
Does N.J.S.A. 2A:53A-41(a) of the Affidavit of Merit Statute require the dismissal of plaintiff’s medical malpractice claim under the circumstances presented?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 1/19/11
Decided:

A-9-10 Sheila Aronberg v. Wendell Tolbert (066414)
Does N.J.S.A. 39:6A-4.5(a), which bars a lawsuit for automobile accident damages by an individual who was operating an uninsured vehicle, also preclude a wrongful death claim by the estate of that individual?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 3/14/11
Decided:

A-08-10 State v. Jamiyl Dock (066322)
Does State v. Artwell, 177 N.J. 526 (2003), concerning the appearance of a defense witness in restraints, apply retroactively?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 1/18/11
Decided: 3/8/11

A-7-10 Too Much Media, LLC v. Shellee Hale (066074)
Is this blogger, who operated a website she claimed was intended for investigative reporting on issues of public importance, and who posted information about plaintiffs on another website’s bulletin board, a journalist entitled to the protections of New Jersey’s Shield Law and the First Amendment?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 2/8/11
Decided:

A-6-10 In the Matter of Anthony Stallworth, Camden County Mun. Utils. Auth. (066097)
In this case involving the discipline of a public employee, did the Merit System Board err in determining that removal was too harsh and that a four-month suspension was appropriate?
Certification granted 9/10/10
Posted 9/23/10
Argued: 2/8/11
Decided: 4/12/11

A-5-10 Magdy Abouzaid v. Mansard Gardens Associates (066223)
Does this commercial general liability insurance policy require the insurer to provide a litigation defense to an insured who was sued for emotional distress under Portee v. Jaffee, 84 N.J. 88 (1980), where the Portee claim does not allege physical injury to the plaintiff?
Certification granted 9/10/10
Posted 9/23/10
Argued: 1/19/11
Decided:

A-3/4-10  Donald Nuckel v. Borough of Little Ferry Planning Board (066096)
Under the circumstances, is a use variance required to permit the use of a small corner of a non-conforming lot to obtain access to a proposed hotel driveway on an adjoining lot?
Certification granted 9/10/10
Posted 9/23/10
Argued: 1/5/11
Decided:

A-2-10 Division of Youth and Family Services v. R.D. (066070)
In this Title 30 proceeding to terminate parental rights, was the doctrine of collateral estoppel properly applied to bar re-litigation of the issue of abuse based on findings made in a prior Title 9 abuse-or-neglect proceeding?
Certification granted 9/10/10
Posted 9/23/10
Argued: Scheduled for 5/3/11
Decided:

A-1-10 Paul Morgan v. Kristin Morgan n/k/a Kristin Leary (066280)
Were the standards set forth in Bauers v. Lewis, 167 N.J. 91 (2001), for evaluating a custodial parent’s application to relocate with the children properly applied in this case, and did the Appellate Division err in reversing the three-year-old order denying a relocation application without remanding the matter to evaluate current circumstances?
Certification granted 9/9/10
Posted 9/9/10
Argued: 11/9/10
Decided: 2/8/11

A-116-09 Policemen’s Benevolent Association, Local No. 11 v. City of Trenton (65,839)
Is the arbitrator’s conclusion that officers must be compensated for reporting for roll call ten minutes prior to their shifts entitled to deference as a “reasonably debatable” interpretation of the parties’ collective bargaining agreement?
Appeal as of right
Posted 8/12/10
Argued: 1/31/11
Decided:

A-115-09 J.D. v. M.D.F. (065499)
Under the circumstances, was there sufficient proof of intent to harass within the meaning of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35?
Certification granted 7/19/10
Posted: 7/19/10
Argued: 1/19/11
Decided:

A-114-09 International Schools Services, Inc. v. West Windsor Township (066060)
Did this non-profit organization, which aids and promotes independent educational associations, forfeit its local property tax exemption under N.J.S.A. 54:4-3.6 by using some of its reserves, staff, and property to subsidize its related for-profit entities?
Certification granted 7/19/10
Posted: 7/19/10
Argued: 1/4/11
Decided:

A-113-09 State v. Marie Hess (066015)
Was defendant denied her right to effective assistance of counsel because her attorney allowed her to enter into a plea agreement that precluded her from seeking a lesser term, failed to present mitigating evidence, and failed to object to victim impact evidence presented at her sentencing hearing?
Certification granted 7/15/10
Posted: 7/16/10
Argued: 1/5/11
Decided:

A-112-09 Joseph A. Donelson v. DuPont Chambers Works (065628)
Does recovery of damages for economic loss associated with back and front pay require proof of actual or constructive discharge under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8?
Certification granted 7/15/10
Posted: 7/16/10
Argued: 12/1/10 at the Gloucester County Courthouse
Decided:

A-111-09 State v. Zarik Rose (065010)
Was evidence that defendant previously was indicted and incarcerated on charges that he attempted to murder the victim admissible at defendant’s trial pursuant to N.J.R.E. 404(b), res gestae, or some other legal doctrine?
Certification granted 7/9/10
Posted: 7/16/10
Argued: 1/4/11
Decided:

A-110-09 Frederick Voss v. Kristoffe J. Tranquilino (066153)
Does N.J.S.A. 39:6A-4.5(b), the No Fault Act provision that precludes a DUI offender’s action to recover damages for losses resulting from a motor vehicle accident, bar the intoxicated motorist’s claim under the Dram Shop Act, N.J.S.A. 2A:22A-1 to -7, against the tavern that served him?
Leave to appeal granted 7/12/10
Posted: 7/16/10
Argued: 3/14/11
Decided:

A-109-09 State v. Jason Shelley (065815)
Is this Goddard School for Early Childhood Development an “elementary school” within the meaning of N.J.S.A. 2C:35-7, which prohibits distribution of controlled dangerous substances within 1,000 feet of a school?
Certification granted 7/12/10
Posted: 7/16/10
Argued: 11/30/10
Decided: 3/9/11

A-108-09 State v. Germaine A. Handy (065941)
Should evidence found on defendant during a search incident to arrest be suppressed because the police dispatcher incorrectly informed the arresting officer that there was an outstanding arrest warrant for defendant?
Certification granted 7/12/10
Poste:7/16/10
Argued: 12/1/10 at the Gloucester County Courthouse
Decided: 4/26/11

A-106/107-09 John P. Conway v. Borough of Florham Park (065873)
Was plaintiff improperly removed as borough administrator pursuant to N.J.S.A. 40A:9-136 to -138 when the borough refused to renew his one-year contract without a two-thirds vote of the governing body; and does that statute permit a municipality to appoint an administrator for a fixed term even though it provides that the administrator serves “at the pleasure of the governing body”?
Certification granted 7/12/10
Posted: 7/16/10
Argued: 11/9/10
Order filed 2/7/11 to Reverse and Vacate

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
Decided:

A-104-09 Tina Kieffer v. Best Buy (066002)
Were the defendants’ indemnification agreements properly interpreted in allocating litigation costs among defendants?
Certification granted 7/12/10
Posted: 7/16/10
Argued: 11/8/10
Decided: 3/15/11

A-102/103-09 Kent Motor Cars, Inc. v. Reynolds and Reynolds Co. (065620)
Was defendant entitled to the sanction of dismissal of the action under Rule 4:5-1(b)(2) because plaintiff failed to provide notice in its first pleading in prior litigation that defendant was a potentially liable party?
Certification granted 6/30/10
Posted: 7/16/10
Argued: 10/13/10
Decided:

A-101-09 State v. Dwayne Gillispie (064819)
Where ballistic evidence established that the gun used in these killings was the same gun used in a prior armed robbery involving defendants and that evidence was properly admitted as relevant to the issue of identity, was the admission of additional evidence about the details of the prior robbery, including the shooting of three people, unduly prejudicial?
Certification granted 6/30/10
Posted: 7/16/10
Argued: 1/4/11
Decided:

A-100-09 Seidman v. Clifton Savings Bank (064904)
In this derivative stockholder action challenging directors’ self-dealing, were these directors protected by the business judgment rule as a result of the shareholders’ ratification of their incentive and retirement plans?
Certification granted 6/30/10
Posted: 7/16/10
Argued: 1/5/11
Decided: 3/16/11

A-99-09 Gonzalez v. Wilshire Credit Corp. (65,564)
Can plaintiff maintain a claim under the Consumer Fraud Act alleging fraud in the settlement of a mortgage foreclosure action?
Certification granted 6/21/10
Argued: 1/18/11
Decided:

A-98-09 State v. Kelvin McLean (65,716)
Did the testimony of the State’s witness impermissibly express an opinion on defendant’s guilt requiring a retrial?
Certification granted 6/21/10
Argued: 11/8/10
Decided:

A-97-09 Passaic Valley Sewerage Commissioners v. St. Paul Fire and Marine Insurance (65,793)
Did the insured suffer a monetary loss that was covered under this insurance policy as a result of its agreement to provide services and equipment to a claimant in settlement?
Certification granted 6/17/10
Argued: 1/31/11
Decided:

A-96-09 Blessing v. Johnson & Johnson (65,714)
Under the circumstances presented, was plaintiff’s products liability action alleging defective sutures timely filed by application of the discovery rule; and were defendants equitably estopped from asserting the statute of limitations?
Certification granted 6/3/10
Argued: 11/9/10
Dismissed as Moot 4/6/11

A-95-09 State v. William Acevedo (65,609)
Did the Appellate Division apply the appropriate standard of review in considering defendant’s challenge, by way of petition for post-conviction relief, to the trial court's determination to impose consecutive sentences?
Certification granted 5/19/10
Argued: 11/30/10
Decided: 2/1/11

A-94-09 State v. Dawshawn Miller (65,612)
Did the Appellate Division apply the appropriate standard of review in considering defendant’s challenge on direct appeal to the trial court's determination to impose consecutive sentences?
Certification granted 5/19/10
Argued: 11/30/10
Decided: 3/14/11

A-92/93-09 State v. Eileen Ciancaglini (65,408)
Under the circumstances presented, should defendant be sentenced as a third-time offender for driving under the influence pursuant to N.J.S.A. 39:4-50(a)?
Certification granted 5/7/10
Argued: 11/8/10
Decided: 1/19/11

A-91-09 David Johnson v. Molly Johnson (65,371)
Should the decision in Fawzy v. Fawzy, 199 N.J. 456 (2009), which allows for the arbitration of disputes relating to custody and parenting time under certain conditions, be applied retroactively?
Certification granted 5/7/10
Argued: 9/28/10
Decided: 12/10/10

A-89/90-09 State v. Timyan Cabbell (65,129)
Were defendants denied their constitutional right of confrontation when the trial court admitted into evidence the pre-trial statements of witnesses who refused to testify at trial?
Certification granted 5/7/10
Argued: 12/1/10 at the Gloucester County Courthouse
Decided:

A-88-09 Yousef v. General Dynamics Corp. (65,715)
Is New Jersey an appropriate forum to hear the claims of these New Jersey residents against a Florida resident and an American corporation for injuries sustained in a motor vehicle accident that occurred in South Africa?
Leave to appeal granted 5/7/10
Argued: 10/26/10
Decided: 4/11/11

A-87-09 Alexander v. Seton Hall University (65,320)
Did the employer’s act of payment constitute continuing discrimination for purposes of determining whether plaintiffs’ complaint alleging sex and age discrimination in pay was timely filed?
Certification granted 4/29/10
Argued: 9/13/10
Decided: 11/23/10

A-86-09 The Committee to Recall Robert Menendez v. Wells (65,803)
Was the New Jersey Secretary of State required to accept for filing and review a Notice of Intention to Recall United States Senator Robert Menendez under the Uniform Recall Election Law, N.J.S.A. 19:27A-1 to -19, or could the Secretary reject the filing on grounds of federal preemption?
Certification granted 4/27/10
Argued: 5/25/10
Decided: 11/18/10

A-85-09 G.D. v. Bernard Kenny and the Hudson County Democratic Organization Inc. (65,366)
May defendants, who were sued for libel for circulating political flyers referring to plaintiff's criminal history, assert truth as a defense where plaintiff's conviction had been expunged under N.J.S.A. 2C:52-1 to -32?
Certification granted 4/22/10
Argued: 9/14/10
Decided: 1/31/11

A-84-09 Taddei v. State Farm Indemnity Co. (65,535)
Where plaintiff’s uninsured motorist claim proceeds to verdict against the tortfeasor, is plaintiff barred on entire controversy grounds from filing a subsequent complaint against the insurer alleging bad faith in not settling plaintiff's claim?
Certification granted 4/22/10
Dismissed: 9/10/10 at the request of the Parties

A-83-09 Hopewell Valley Citizens’ Group v. Berwind Property Group Development Co. (65,505)
Should the time for filing an action challenging this site plan approval be extended for six days under the circumstances presented?
Certification granted 4/22/10
Argued: 10/26/10
Decided: 1/12/11

A-82-09 In the Matter of the Expungement Petition of D.H. (65,508)
If a public employee’s guilty plea to a disorderly persons offense includes an agreement to forfeit her position and be forever disqualified from public office, does the expungement of the conviction also eliminate the disqualification provision?
Certification granted 4/22/10
Argued: 9/14/10
Decided: 10/27/10

A-81-09 He v. Miller (65,337)
Did the trial court err in remitting the plaintiff’s jury verdict for pain and suffering?
Certification granted 3/24/10
Argued: 10/12/10
Decided:

A-80-09 State v. W.B. (65,373)
In this trial on charges of sexual assault, was it reversible error to admit the testimony of the State’s expert on Child Sexual Abuse Accommodation Syndrome that few children lie about sexual abuse; and the testimony of the victim’s boyfriend relating the victim’s allegations under the fresh complaint rule?
Certification granted 3/18/10
Argued: 10/13/10
Decided: 4/27/11

A-79-09 Division of Youth and Family Services v. P.W.R. (65,150)
Did the trial court err in finding that defendant abused and neglected her sixteen-year-old stepdaughter within the meaning of N.J.S.A. 9:6-8.21(c), by slapping her and taking her paycheck, among other things?
Certification granted 3/10/10
Argued: 10/13/10
Decided: 1/26/11

A-78-09 State v. Brian Carter (65,397)
Under what circumstances does an indigent defendant have a right to the assignment of counsel on appeal from a conviction of a non-indictable offense?
Leave to appeal granted 3/4/10
Summarily reversed and remanded to the Appellate Division: 5/18/10

A-77-09 State v. Michael Gore (65,115)
Was it plain error to admit into evidence, pursuant to the recorded recollection exception to the hearsay rule, N.J.R.E. 803(c)(5), a transcript of defendant’s unreviewed and unsigned confession?
Certification granted 3/4/10
Argued: 10/26/10
Decided: 3/22/11

A-76-09 Town of Kearny v. Discount City of Old Bridge, Inc. (65,070)
Where a municipality proposes to condemn only a tenant’s leasehold interest under the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1 to -73, does the tenant have a right to individual notice of the proposal?
Certification granted 3/4/10
Argued: 9/28/10
Decided: 3/17/11

A-75-09 In the Matter of the Provision of Basic Generation Service for the Period Beginning June 1, 2008 (65,275)
Was the decision of the New Jersey Board of Public Utilities, which approved the pass-through to utility ratepayers of a portion of the costs of solar renewable energy certificates, arbitrary and capricious or made in violation of the notice and hearing requirements of the Electric Discount and Energy Competition Act, N.J.S.A. 48:3-49 to -98.1, the Administrative Procedures Act, N.J.S.A. 52:14B-1 to -25, and procedural due process rights?
Certification granted 3/4/10
Argued: 10/12/10
Decided: 3/11/10

A-74-09 County of Hudson v. State of New Jersey, Department of Corrections (64,676)
Did the County’s amended complaint against the State seeking reimbursement for providing prison beds comply with the notice provisions of the Contractual Liability Act, N.J.S.A. 59:13-1 to -10?
Certification granted 3/4/10
Argued: 9/27/10
Decided:

A-73-09 State v. R.T. (65,327)
Where defendant’s trial strategy rested on the theory that he did not commit the assault but that the police cajoled him into stating that he was intoxicated, was defendant’s right to a fair trial prejudiced by the court charging the jury, over his objection, that intoxication could possibly negate an element of the crime?
Notice of appeal filed 12/29/09
Argued: 1/18/11
Decided: 4/28/11

A-72-09 State v. Damu Alston (65,298)
Did police officers fail to scrupulously honor an equivocal request for counsel thereby requiring the suppression of defendant’s subsequent confession?
Leave to appeal granted 2/11/10
Argued: 9/13/10
Decided: 1/19/11

A-71-09 In the Matter of D.C. & D.C., Minors (64,844)
In proceedings brought subsequent to the termination of parental rights, was the adult sibling of this minor child entitled to an evidentiary hearing to determine whether visitation was in the minor child’s best interest?
Certification granted 2/11/10
Argued: 4/26/10
Decided: 9/29/10

A-70-09 In re Petition for Referendum on City of Trenton Ordinance 09-02 (65,345)
Was the sale of a portion of the City of Trenton’s water system subject to mandatory public referendum under the Optional Municipal Charter Law (the Faulkner Act), N.J.S.A. 40:69A-1, et seq., or was the sale subject to the exception provisions of the Municipal Utilities Law, N.J.S.A. 40:62-3.1?
Certification granted 02/11/10
Argued: 3/22/10
Decided: 4/6/10

A-69-09 Lula M. Henry v. New Jersey Department of Human Services, et al. (64,673)
Was plaintiff’s complaint alleging racially discriminatory hiring practices and retaliation under the Law Against Discrimination time-barred by the two-year statute of limitations?
Certification granted 02/11/10
Argued: 9/28/10
Decided: 12/10/10

A-68-09 State v. Eduardo McLaughlin (64,884)
Were certain hearsay statements of a co-conspirator admissible under N.J.R.E. 803(c)(3), and did the trial court commit plain error in its jury instructions on accomplice liability?
Certification granted 1/22/10
Argued: 9/27/10
Decided: 3/3/11

A-67-09/A-17-10 State v. Daniel Twian Brown (64,807)
Were defendant’s custodial statements, made after he was unlawfully arrested, admissible?
Certification granted 1/22/10
Cross-petition granted 10/06/10
Re-posted: 10/08/10
Argued: 10/12/10
Decided: 1/25/11

A-66-09 State v. Michael Derry (64,877)
Was defendant denied a fair trial because the State failed to disclose the dismissal of a pending criminal charge against a key State witness and because of other trial errors?
Certification granted 1/22/10
Argued: 9/13/10
Dismissed as improvidently granted: 10/01/10

A-65-09 State v. Derrick Wayne Rose (64,945)
Where defendant was sentenced to a five-year sentence with a three-year period of parole ineligibility and a consecutive four-year flat sentence, were defendant’s jail credits properly allocated to the flat sentence?
Certification granted 1/21/10
Argued: 9/14/10
Decided:

A-64-09 State v. Andrea Hernandez a/k/a Andrea Rosario (64,946)
Was defendant properly awarded jail credit under the circumstances presented?
Certification granted 1/14/10
Argued: 9/14/10
Decided:

A-63-09 State v. Fernando Feliciano, Jr. (65,293)
May a defendant be detained without bail before trial and, if so, under what circumstances?
Leave to appeal granted 1/8/10
Order dismissing the appeal as moot - dated October 4, 2010

A-62-09 Estate of Nick Hanges v. Metropolitan Property & Casualty Ins. Co. (64,789)
Were the decedent’s statements concerning the cause of his automobile accident admissible under N.J.R.E. 804(b)(6)?
Certification granted 12/21/09
Argued: 3/22/10
Decided: 6/21/10

A-61-09 State v. Marcus McMullen (64,856)
Was defendant’s prison sentence permissible under State v. Natale, 184 N.J. 458 (2005), which prohibits a sentence above the presumptive statutory term based solely on judicial fact-finding, because the court found that defendant is a danger to the public and thus the presumption against imprisonment established by N.J.S.A. 2C:44-1(e) was overcome?
Certification granted 12/21/09
Motion to dismiss appeal granted 3/4/10

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
Decided:

A-58/59-09 State in the Interest of A.S., a Juvenile (64,750)
When the parent of a juvenile suspected of committing a sexual offense also has a close family relationship with the victim, must an attorney be present during any interrogation of the juvenile?
Certification granted 12/16/09
Argued: 4/27/10
Decided: 7/29/10

A-57-09 TAC Associates v. New Jersey Department of Environmental Protection (64,570)
Is the Economic Development Authority’s regulation, N.J.A.C. 19:31-8.2, which provides that an applicant for an Innocent Party Grant must retain ownership of the real property until the application process is complete, authorized under the relevant provisions of the Hazardous Discharge Site Remediation Fund?
Certification granted 12/16/09
Argued: 4/27/10
Decided: 7/15/10

A-56-09 State v. Wendell Mann (64,475)
Did police have reasonable suspicion to stop defendant where they observed him in a restaurant parking lot talking with a known drug dealer, the encounter was consistent with the drug dealer’s past pattern of selling drugs from his car, and defendant reacted nervously and fled into the restaurant when the police arrived to execute a warrant to search the drug dealer’s vehicle?
Certification granted 12/11/09
Argued: 4/26/10
Decided: 8/4/10

A-55-09 State v. Laura Moran (64,708)
Is this statute, N.J.S.A. 39:5-31, which grants a judge discretion to revoke a driver’s license for a willful violation of any motor vehicle and traffic laws, unconstitutional because it provides insufficient notice to the public or because it is vague, overbroad, or capable of widely disparate application?
Certification granted 12/3/09
Argued: 4/27/10
Decided: 7/13/10

A-54-09 State v. Alice O’Donnell (64,525)
May police officers seize evidence observed in plain view during a warrantless entry into a residence to provide emergency aid even though there was a short delay between the emergency aid entry and the seizure of the evidence?
Certification granted 12/03/09
Argued: 4/26/10
Decided: 7/20/10

A-53-09 Myron Corp. v. Atlantic Mutual Ins. Corp. (64,450)
Is plaintiff entitled to counsel fees on a policy of insurance pursuant to Rule 4:42-9(a)(6) for prevailing in an out-of-state declaratory judgment action that is based on a related New Jersey action for which plaintiff was awarded counsel fees?
Certification granted 11/20/09
Argued: 3/8/10
Decided: 7/27/10

A-52-09 Hubner v. Spring Valley Equestrian Center (64,749)
Does the release executed by plaintiff preclude her from recovering under the Equestrian Activities Liability Act, N.J.S.A. 5:15-1 to -11?
Certification granted 11/20/09
Argued: 3/22/10
Decided: 7/28/10

A-51-09 Quinlan v. Curtiss-Wright Corp. (64,728)
Was plaintiff’s removal of confidential documents from her employer for use in advancing plaintiff’s gender-discrimination lawsuit against the employer protected activity under the Conscientious Employee Protection Act?
Certification granted 11/10/09
Argued: 3/9/10
Decided: 12/2/10

A-50-09 Ryan v. Renny (64,792)
What must a plaintiff demonstrate to obtain a “good faith effort” waiver of the specialty requirement of the Affidavit of Merit Statute, N.J.S.A. 2A:53A-41?
Certification granted 11/10/09
Argued: 3/9/10
Decided: 7/22/10

A-49-09 Klumpp v. Borough of Avalon (64,722)
May a municipality occupy a property and obtain title through inverse condemnation without initiating condemnation proceedings under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50?
Certification granted 11/10/09
Argued: 3/22/10
Decided: 6/22/10

A-45/46/47/48-09 GF Princeton, LLC v. Ewing Township Planning Board (64,655)
Is the defendant township’s subdivision and site plan approval invalid because the applicants did not provide notice of the applications to this long-term lessee of a portion of the property?
Certification granted 11/10/09
Improvidently granted 3/24/10

A-44-09 New Jersey Lawyers’ Fund for Client Protection v. Stewart Title Guaranty Co. (64,755)
May a title insurance company be held liable for a closing attorney’s theft of his clients’ funds under the circumstances presented?
Certification granted 11/04/09
Argued: 3/8/10
Decided: 8/2/10

A-43-09 Stelluti v. Casapenn Enterprises (64,704)
Did the waiver executed by plaintiff as a condition to using defendant’s gym insulate defendant and its employees from liability for negligence?
Certification granted 11/4/09
Argued: 3/9/10
Decided: 8/5/10

A-42-09 Kalogeras v. 239 Broad Avenue, LLC (63,870)
Was plaintiff entitled to specific performance of a contract for the sale of a business that included a liquor license where the transfer of such a license is subject to regulatory approval?
Certification granted 11/4/09
Argued: 2/22/10
Decided: 6/16/10

A-41-09 Paragon Contractors v. Peachtree Condominium (64,325)
Did the failure to schedule a case management conference under Ferreira v. Rancocas Orthopedic, 128 N.J. 144 (2001), toll the time for plaintiff’s compliance with the Affidavit of Merit statute?
Leave to appeal granted 11/4/09
Argued: 2/22/10
Decided: 6/28/10

A-40-09 State v. Shem Walker (64,287)
Did the trial court’s failure to instruct the jury regarding the statutory affirmative defense to felony murder constitute plain error that required a reversal of defendant’s conviction?
Certification granted 10/28/09
Argued: 3/9/10
Decided: 7/28/10

A-39-09 In the matter of the Tenure Hearing of Gilbert Young (64,535)
Could the school district remove this tenured teacher from his position under N.J.S.A. 18A:6-7a after the Department of Children and Families determined that a complaint of child abuse/neglect against the teacher was unfounded?
Certification granted 10/28/09
Argued: 2/23/10
Decided: 5/12/10

A-38-09 Lee v. Carter-Reed Co. (64,808)
Did the trial court properly deny class certification in this case alleging false advertising by the use of mass media?
Leave to Appeal granted 10/23/09
Argued: 4/27/10
Decided: 9/30/10

A-37-09 State v. Brian Yohnnson (64,342)
Were defendant’s incriminating statements admissible under the circumstances, which included custodial interrogation for an extended period before Miranda warnings were administered?
Certification granted 10/23/09
Argued: 2/22/10
Decided: 10/26/10

A-36-09 State v. Jeremiah Hupka (64,462)
Was the defendant, who forfeited his public offices as a police officer and sheriff’s officer as part of a negotiated plea to criminal sexual contact, also barred from any future public employment under N.J.S.A. 2C:51-2(d)?
Appeal as of right
Argued: 3/8/10
Decided: 8/3/10

A-35-09 State v. German Marquez (64,524)
Could defendant be convicted of refusal to take a breathalyzer test if the notice informing him of the consequences of such a refusal was read to him in English and defendant does not speak or understand English?
Certification granted 10/14/09
Argued: 2/2/10
Decided: 7/12/10

A-34-09 State v. Eugene Basil (64,224)
Did the police have probable cause to arrest defendant based on the statement of this unknown informant regarding the location of a weapon; and was the witness’s statement identifying defendant admissible?
Certification granted 10/14/09
Argued: 2/23/10
Decided: 7/20/10

A-33-09 In the Matter of the Civil Commitment of W.X.C. (64,501)
Was W.X.C.’s civil commitment permissible when he had not been afforded sex offender treatment while in custody?
Certification granted 10/14/09
Argued: 4/26/10
Decided: 11/9/10

A-32-09 State v. Graciano Martinez Rosales (64,469)
Did the trial court misapply N.J.R.E. 702 by precluding expert testimony in support of defendant’s claim that his confession was involuntary?
Certification granted 10/14/09
Argued: 2/2/10
Decided: 7/19/10

A-31-09 Guido v. Duane Morris, LLP (64,642)
In this legal malpractice action, was the defendant attorney entitled to summary judgment based on the client’s prior agreements to settle the underlying litigation?
Leave to appeal granted 10/8/09
Argued: 1/20/10
Decided: 6/3/10
Corrected Opinion Issued: 6/8/10

A-30-09 State v. Donald Kayhart (63,661)
Was defendant’s trial counsel ineffective for failing to request a competency hearing in light of the evidence of defendant’s mental condition?
Leave to appeal granted 10/8/09
Order dismissing appeal issued 1/12/10

A-29-09 State v. Frank Dellisanti (64,706)
Is the violation of a defendant’s constitutional right to be present at all stages of trial subject to review under the harmless error standard, or does defendant’s nonconsensual absence from the courtroom require automatic reversal and a new trial?
Appeal as of right
Argued: 1/20/10
Decided: 9/20/10

A-28-09 Crespo v. Crespo (64,519)
Does the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33, improperly convert criminal matters into civil proceedings, and is the Act unconstitutional because it requires a “preponderance of the evidence” rather than a “clear and convincing evidence” standard of proof?
Leave to appeal granted 10/8/09
Argued: 1/6/10
Decided: 2/18/10

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
Decided:

A-26-09 1717 Realty Associates, LLC v. Borough of Fair Lawn (64,313)
A-25-09 Davanne Realty v. Edison Township (64,495)
Does application of the appeal-preclusion provision contained in N.J.S.A. 54:4-34, which bars owners of income-producing property from contesting a tax assessment if they fail to respond within forty-five days of an assessor’s request for information, result in the imposition of excessive fines in violation of the United States and New Jersey Constitutions?
Certifications granted 9/24/09
Argued: 2/1/10
Decided: 3/17/10

A-24-09 State v. Duane Kelly (64,228)
Where the jury in the first trial found defendant guilty of being an accomplice but acquitted him of possessing the murder weapon, is defendant’s second prosecution for being the principle shooter barred by application of the doctrine of issue preclusion under the double Jeopardy Clause of the United States and New Jersey Constitutions?
Certification granted 9/28/09
Argued: 1/20/10
Decided: 5/4/10

A-23-09 City of Atlantic City v. Trupos (64,799)
Is this law firm that represents numerous Atlantic City taxpayers in their tax appeals disqualified because the firm previously represented Atlantic City in defending other tax appeals?
Leave to appeal granted 9/11/09
Argued: 1/6/10
Decided: 4/26/10

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
Argued:
Decided:

A-21-09 State v. P.S. (64,345)
Did the trial court err in ruling that if defendant presented evidence of prior sexual experience by the child-victim, then the State could introduce evidence of defendant’s other crimes?
Certification granted 9/11/09
Argued: 2/1/10
Decided: 6/7/10

A-20-09 State v. Johnnie Davila (64,177)
Where police were investigating a double murder and evidence linked the crimes to a particular apartment, was the officers’ warrantless protective sweep of the apartment permissible under the Fourth Amendment?
Certification granted 9/11/09
Argued: 2/2/10
Decided: 7/14/10

A-19-09 Marcinczyk v. State of New Jersey Police Training Commission (64,251)
Was plaintiff’s claim for damages against the public entity barred by an exculpatory agreement that he signed as a condition of admission to the Police Academy?
Certification granted 9/11/09
Argued: 1/20/10
Decided: 10/18/10

A-18-09 State v. Karlton L. Blackmon (64,073)
Did the sentencing court abuse its discretion by denying the request of defendant’s father to speak when members of the victim’s family were permitted to speak?
Certification granted 9/11/09
Argued: 2/1/10
Decided: 6/9/10

A-17-09 Linden Board of Education v. Linden Education Association (64,295)
Under the circumstances presented, did the arbitrator exceed his authority by determining that, although there was “just cause” to discipline this employee, it was inappropriate for the board to terminate him?
Appeal as of right
Argued: 1/5/10
Decided: 6/8/10

A-16-09 Stengart v. Loving Care Agency, Inc. (64,556)
Under the circumstances presented, does the attorney-client privilege protect this employee’s emails with her attorney sent through her personal, Internet-based email account while using her employer-issued computer?
Leave to appeal granted 7/29/09
Argued: 12/2/09
Decided: 3/30/10

A-15-09 Dean v. Barrett Homes, Inc. (64,188)
Is a home an integrated “product,” such that the physical damage that a defective component causes to other parts of the home is damage to “the product itself” that is non-recoverable under the Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, and under the “economic loss” doctrine?
Certification granted 7/15/09
Argued: 1/5/10
Decided: 11/15/10

A-13/14-09 Nini v. Mercer County Community College (64,176)
Does the exclusion in the Law Against Discrimination, which states that it does not “bar an employer from refusing to accept for employment or to promote any person over 70 years of age,” N.J.S.A. 10:5-12, apply to the non-renewal of an existing employee’s contract?
Certification granted 7/15/09
Argued: 11/10/09
Decided: 6/1/10

A-12-09 State v. William T. Dolan (64,428) and
A-11-09 State v. Richard Clarke (64,425)
In light of the procedures governing the administration of the Drug Court Program, and the “abuse of discretion” standard for reviewing a prosecutorial objection to Drug Court admission, was it appropriate to order plenary hearings to determine defendants’ eligibility for Drug Court?
Leave to appeal granted 7/20/09
Argued: 2/23/10
Decided: 7/21/10

A-10-09 Highland Lakes Country Club v. Nicastro (64,098)
Does the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, apply to these defendants’ third-party claims for indemnification and contribution?
Leave to appeal granted 7/20/09
Argued: 10/27/09
Decided: 12/8/09

A-9-09 City of Long Branch v. Liu (64,361)
In this eminent domain case, are the property owners entitled to compensation for the taking of the additional land that had been created by a beach replenishment project undertaken by the U.S. Army Corps of Engineers, and for the furniture, fixtures, and equipment on the property?
Certification granted 7/20/09
Argued: 12/2/09
Decided: 9/21/10

A-8-09 Asbury Park Press v. County of Monmouth (64,048)
Does the exclusion to the Open Public Records Act for information generated in connection with any sexual harassment complaint that is filed with a public employer, N.J.S.A. 47:1A-1.1, apply to this public entity’s agreement with an employee to settle her sexual harassment lawsuit?
Certification granted 7/20/09
Argued: 11/10/09
Decided: 1/25/10

A-7-09 State v. Tysen R. Privott (64,019)
Under the circumstances presented, was it reasonable for the police to stop and frisk defendant and to lift his shirt to see his waistband based on an anonymous tip about a person carrying a weapon?
Certification granted 7/20/09
Argued: 12/1/09
Decided: 6/29/10

A-6-09 State in the Interest of C.V. (64,307)
In light of State in re S.T., 273 N.J. Super. 436 (App. Div. 1994), N.J.S.A. 2A:4A-38l, and Administrative Office of the Courts Directive #8-04, was this juvenile entitled to receive credit toward her sentence for the time she spent in a secure residential treatment facility?
Certification granted 7/20/09
Argued: 1/5/10
Decided: 3/22/10

A-5-09 State v. Pablo Carvajal (64,051)
Did the defendant abandon his luggage and thereby forfeit the right to object to its warrantless search by denying that he had any luggage when questioned by police?
Certification granted 7/20/09
Argued: 12/1/09
Decided: 6/2/10

A-4-09 Flomerfelt v. Cardiello (64,369)
Does a homeowner’s insurance policy exclusion for injuries arising out of illegal drug use apply to preclude coverage under the circumstances presented?
Leave to appeal granted 7/10/09
Argued: 11/9/09
Decided: 7/7/10

A-3-09 State v. Jason V. Broom-Smith (64,181)
Did the Superior Court’s order issued pursuant to N.J.S.A. 2B:12-6 and Rule 1:12-3(a), which designated each municipal court judge in the county as an acting municipal court judge in every municipality within the county, authorize this municipal court judge to issue a warrant to search defendant’s home in another municipality?
Certification granted 7/10/09
Argued: 1/6/10
Decided: 3/9/10

A-2-09 Victor v. State of New Jersey (63,285)
To establish a failure-to-accommodate disability discrimination claim under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49, must a plaintiff prove that he suffered an adverse employment action as a result of the employer’s failure to accommodate?
Certification granted 6/19/09
Argued: 10/27/09
Decided: 09/13/10

A-1-09 Rabinowitz v. Wahrenberger (64,028)
Under the circumstances presented, was it appropriate to require plaintiff’s attorney to pay the counsel fees awarded for this frivolous litigation?
Certification granted 6/18/09
Decided: Disposed of by Order - Parties agreed to dismiss 11/4/09

A-103-08 612 Associates, LLC v. North Bergen Municipal Utilities Authority (63,808)
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 the only entity entitled to a sewerage connection fee, or is the entity that has an indirect connection to the property, but which ultimately treats the effluent, entitled to share in the fee?
Certification granted 6/3/09
Decided: 9/30/09 - Summarily remanded to the Appellate Division. No jurisdiction retained

A-102-08 State v. Paula K. Mastro (64,058)
Under the circumstances presented, was the imposition of a five-year term of imprisonment for joyriding and a consecutive 180-day term for violating probation excessive?
Certification granted 5/21/09
Remanded to the Appellate Division. Jurisdiction not retained 3/5/10

A-101-08 State v. Fareed M. Gandhi (64,011)
Does the purpose and knowledge element of the crime of stalking apply both to a defendant’s conduct and to the result of his conduct, requiring that he had as a conscious object or was aware that his conduct would cause a reasonable person to be in fear; and was the jury charge adequate?
Certification granted 5/21/09
Argued: 10/26/09
Decided: 2/23/10

A-100-08 Iron Mountain Information Management, Inc. v. City of Newark (64,032)
When property is targeted for redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49, is a commercial tenant with an option to purchase and right of first refusal in its lease agreement entitled to the same notice as the property owner?
Certification granted 5/21/09
Argued: 12/1/09
Decided: 5/19/10

A-99-08 State v. Cory Bieniek (63,940)
Did the Appellate Division err in remanding the matter to the trial court for reconsideration of defendant’s sentence to afford defense counsel the opportunity to argue that defendant’s sentence should be reduced?
Certification granted 5/21/09
Argued: 11/9/09
Decided: 1/21/10

A-98-08 State v. Danny Mai (63,862)
Under the circumstances presented, was it reasonable for police to open the door of the parked motor vehicle and ask the defendant-passenger to step out of the vehicle?
Certification granted 5/8/09
Argued: 10/13/09
Decided: 5/6/10

A-96/97-08 New Jersey Division of Youth & Family Services v. M.C. III (63,710)
Was this medical form, which was prepared by an emergency room doctor, admissible as a DYFS business record?
Certification granted 5/7/09
Argued: 10/13/09
Decided: 3/31/10

A-95-08 Lucent Technologies, Inc. v. Township of Berkeley Heights (63,895)
Does Rule 8:7(e) permit the Tax court to place limits on the time period within which a municipality may seek dismissal of a tax appeal based on a taxpayer’s false or fraudulent responses to an assessor’s requests for information under N.J.S.A. 54:4-34?
Leave to appeal granted 4/23/09
Argued: 10/14/09
Decided: 3/17/10

A-94-08 Pinto v. Spectrum Chemicals (63,813)
Is the decision of Coleman v. Fiore Brothers, Inc., 113 N.J. 594 (1989), which bars defendants from insisting on waiver or settlement of statutory fees in Consumer Fraud Act claims in which plaintiffs are represented by public-interest law firms, applicable to other fee-shifting statutes?
Leave to appeal granted 4/2/09
Argued: 10/13/09
Decided: 1/21/10

A-93-08 Kay v. Kay (63,836)
When a decedent spouse dies during the pendency of an action for divorce, can the decedent’s estate assert equitable claims sounding in constructive trust or unjust enrichment against the marital estate?
Certification granted 4/2/09
Argued: 10/13/09
Decided: 1/6/10

A-91/92-08 Praxair Technology, Inc. v. Director, Division of Taxation (63,664)
Is a business entity that did not have a physical presence in New Jersey required to pay corporate business tax for any period prior to the 1996 amendment to N.J.A.C. 18:7-1.9(b)?
Certification granted 4/2/09
Argued: 10/26/09
Decided: 12/15/09

A-90-08 Reyes v. Egner (63,711)
Does a realtor marketing a short-term rental property have a duty to a tenant to conduct a reasonable inspection of the property for patent defects?
Certification granted 4/2/09
Argued: 10/27/09
Decided: 4/8/10

A-89-08 State v. Peter O’Brien (63,418)
Did the trial court’s questioning of defendant and the witnesses constitute plain error that requires a retrial?
Certification granted 4/1/09
Argued: 9/15/09
Decided: 12/29/09

A-88-08 State v. Terence McCabe (63,785)
Was this municipal judge required to recuse himself in this DWI matter because he and defendant’s counsel represented adverse parties in an unrelated matter in the Superior Court, Chancery Division?
Leave to appeal granted 3/19/09
Argued: 10/26/09
Decided: 1/25/10

A-87-08 Zabilowicz v. Kelsey (63,781)
In this action for damages resulting from a New Jersey automobile accident between Pennsylvania residents, is plaintiff, whose insurance company is authorized to do business in New Jersey, subject to the verbal threshold of N.J.S.A. 17:28-1?
Certification granted 3/27/09
Argued: 10/14/09
Decided: 12/17/09

A-86-08 Patel v. New Jersey Motor Vehicle Commission (63,429)
In determining whether plaintiff is subject to the assessment of motor vehicle penalty points for her fourth offense of driving in an unsafe manner, is plaintiff entitled to relief under N.J.S.A. 39:4-97.2(e) because of the time interval between her second and fourth offenses?
Certification granted 3/27/09
Argued: 9/15/09
Decided: 11/10/09

A-85-08 State in the Interest of J.S. (63,663)
Can DYFS be required to provide sex offender treatment to an individual who is over twenty-one years of age at the time he is adjudicated delinquent?
Certification granted 1/29/09
Argued: 2/22/10
Decided: 7/8/10

A-84-08 Llanfair House Nursing Home v. Estate of Litchult (63,768)
In this action by a nursing home to collect unpaid charges from the estate of a deceased former resident, should this default judgment be vacated under the circumstances presented?
Certification granted 3/23/09
Stipulation of Dismissal: 7/17/09

A-83-08 In Re Election Law Enforcement Commission Advisory Opinion No. 01-2008 (63,636)
May a former state senator use political campaign contributions to pay legal expenses incurred in defending himself against federal criminal charges?
Certification granted 3/10/09
Argued: 11/9/09
Decided: 3/8/10

A-82-08 State v. Manuel Fajardo-Santos (63,812)
How much impact can a deportation detainer by Immigration and Customs Enforcement have on the setting of bail on a criminal charge?
Certification granted 2/26/09
Argued: 4/28/09
Decided: 7/8/09

A-81-08 Besler v. Board of Education of West Windsor-Plainsboro Regional School District (63,259)
Were plaintiff’s First Amendment rights violated because a school board member denied him the right to speak at a board meeting, and can the Board be held liable for the member’s actions?
Certification granted 2/18/09
Argued: 9/29/09
Decided: 5/17/10

A-80-08 IMO State Grand Jury Investigation (63,460)
Where a corporation is the target of a grand jury investigation and where the corporation selects, hires, and pays attorneys to represent employees who are potential targets or witnesses against the corporation, is an unwaivable conflict of interest created requiring the attorneys’ disqualification?
Leave to appeal granted 2/11/09
Argued: 9/14/09
Decided: 11/23/09

A-78/79-08 Salzano v. North Jersey Media Group, Inc.(63,529)
Did the fair reporting privilege, which protects the press from lawsuits alleging defamation, apply to published articles reporting on allegations contained in a bankruptcy complaint; if not, what standard is used to determine liability where the individual discussed in the articles was a private person but was embroiled in a public matter?
Certification granted 2/11/09
Argued: 10/14/09
Decided: 5/11/10

A-77-08 State v. Thomas E. Best (63,534)
Is reasonable suspicion of drug distribution by a student sufficient to justify the search of the student’s vehicle located on school property?
Certification granted 2/4/09
Argued: 9/14/09
Decided: 2/3/10

A-75/76-08 Association of New Jersey Rifle Clubs v. City of Jersey City (63,385)
Does Jersey City’s gun control ordinance, which prohibits the sale or purchase of more than one handgun within a thirty-day period, violate the State Constitution; and is the ordinance preempted by the State Code of Criminal Justice?
Certification granted 2/4/09
Argued: 4/27/09
Decided: Appeal dismissed as moot by Order 1/4/10

A-74-08 State of New Jersey Division of Youth and Family Services v. I.S. (63,471)
Under the circumstances presented, did DYFS establish the grounds for terminating the biological father’s parental rights under N.J.S.A. 30:4C-15.1(a)?
Certification granted 2/4/09
Argued: 9/30/09
Reargued: 4/26/10
Decided: 6/1/10

A-73-08 Khan v. Singh, M.D. (62,145)
In this medical malpractice case alleging nerve damage caused during an endoscopic disectomy to repair a herniated disc, was plaintiff entitled to a res ipsa loquitur charge that the occurrence bespeaks negligence on the part of defendant?
Appeal perfected 1/11/08
Argued: 3/24/09
Decided: 7/9/09

A-72-08 Roa v. LAFE (63,029)
Did the defendant employer’s actions subsequent to the termination of plaintiff’s employment constitute a continuing violation for determining whether plaintiff’s Law Against Discrimination claim was timely filed?
Certification granted 1/30/09
Argued: 9/14/09
Decided: 1/14/10

A-70/71-08 Robertet Flavors, Inc. v. Tami-Githens, Inc. (63,142)
Was it appropriate to bar plaintiff from presenting any expert testimony because of plaintiff’s spoliation of evidence (replacement of allegedly defective windows)?
Certification granted 1/26/09
Argued: 9/15/09
Decided: 8/3/10

A-69-08 State v. Cecilia X. Chen (63,177)
Where the victim identified the defendant in a photographic array, was defendant entitled to a pretrial hearing challenging the identification because of the victim’s prior individual efforts to confirm the identity of her attacker?
Certification granted 1/22/09
Argued: 9/29/09
Decided:

A-68-08 State of New Jersey Division of Youth and Family Services v. L.L. (63,406)
Which party bears the burden of proof when a biological parent moves to vacate an order of kinship legal guardianship under N.J.S.A. 3B:12A-6(f)?
Certification granted 1/22/09
Argued: 9/30/09
Decided: 2/24/10

A-67-08 State v. Quadir Whitaker (63,360)
May a defendant charged as an accomplice be found guilty of robbery based on his instruction to the principal, uttered during the immediate flight from the scene, to hide the weapon?
Certification granted 1/20/09
Argued: 9/15/09
Decided: 12/7/09

A-66-08 Bowie-McCready v. Morristown Zoning Board of Adjustment (63,318)
Under the circumstances presented, was it arbitrary and capricious for the zoning board to determine that preservation of a historically significant dwelling on a lot zoned for single-family residences constituted a “special reason” under N.J.S.A. 40:55D-70(d) to grant a use variance for the construction of townhouses?
Certification granted 1/20/09
Dismissed: 4/6/09

A-64/65-08 G.H. v. Township of Galloway (63,058)
Does Megan’s Law, N.J.S.A. 2C:7-1 to -21, preempt a municipal ordinance that restricts where a convicted sex offender may live?
Certification granted 1/20/09
Argued: 3/24/09
Decided: 5/7/09

A-63-08 State in the Interest of P.M.P. (63,589)
Is a juvenile delinquency complaint alleging conduct that would constitute an indictable offense if committed by an adult the functional equivalent of an indictment such that it triggers a constitutional right to counsel during post-complaint interrogation of the juvenile?
Leave to appeal granted 1/15/09
Argued: 4/28/09
Decided: 7/29/09

A-62-08 State v. James Robinson (62,964)
Where defendant was tried simultaneously and convicted on multiple drug charges, and the appellate court holds that some of the State’s evidence was inadmissible based on an invalid search warrant, is a reversal required on all charges?
Certification granted 12/15/08
Argued: 4/28/09
Decided: 7/22/09

A-61-08 R.L. v. Voytac (63,262)
Is plaintiff’s complaint alleging sexual abuse for incidents that occurred fourteen years earlier time-barred under N.J.S.A. 2A:61B-1b?
Certification granted 12/12/08
Argued: 2/18/09
Decided: 6/11/09

A-60-08 Brunson v. Affinity Federal Credit Union (63,271)
Can plaintiff maintain a claim of malicious prosecution based on defendants’ initiation of criminal proceedings without having first conducted an adequate investigation into the identity of the individual who opened a fraudulent account in plaintiff’s name and then issued fraudulent checks?
Certification granted 12/4/08
Argued: 3/10/09
Decided: 5/5/09

A-59-08 State v. Oscar Osorio (63,131)
Was the prosecutor’s exercise of peremptory challenges to excuse minority jurors impermissibly discriminatory?
Certification granted 11/6/08
Argued: 4/27/09
Decided: 7/2/09

A-58-08 Lee v. First Union National Bank (63,263)
Is the Consumer Fraud Act, N.J.S.A. 56:8-1 to -106, applicable to the purchase and sale of securities?
Certification granted 11/25/08
Argued: 2/18/09
Decided: 6/3/09

A-57-08 Best v. C & M Door Controls, Inc. (63,168)
What is the effect of the offer of judgment rule, Rule 4:58, on an award of counsel fees under a fee-shifting statute such as the Prevailing Wage Act, N.J.S.A. 34:11-56.25 to -56.47?
Certification granted 11/6/08
Argued: 3/10/09
Decided: 10/14/09

A-56-08 State v. Jayson Williams (63,370)
Is defendant entitled to discovery regarding a supervising investigator’s use of a racial epithet to describe defendant?
Leave to appeal granted 11/25/08
Argued: 2/3/09
Disposed by Order: 2/26/09

A-55-08 Berk Cohen Associates at Rustic Village, LLC v. Borough of Clayton (63,290)
Is a municipality that provides its residents with curbside pickup of solid waste required to provide onsite dumpster pickup at an apartment complex or otherwise reimburse the complex for the cost of such service under N.J.S.A. 40:66-1.3?
Certification granted 11/19/08
Argued: 3/24/09
Decided: 6/23/09

A-54-08 Fernandez v. Nationwide Mutual Fire Insurance Co.(63,163)
Does an automobile insurer’s right to reimbursement for paid personal injury protection benefits have priority over the insured’s right to be made whole where the negligent driver’s insurance does not fully cover the insured’s personal injury damages?
Certification granted 11/19/08
Argued: 4/27/09
Decided: 7/16/09

A-53/25-08 Circus Liquors, Inc. v. Township of Middletown (62,408)
Must a liquor license held in violation of the two-license limit of N.J.S.A. 33:1-12.31 be forfeited, or does the Director of the Division of Alcoholic Beverage and Control have authority to permit the license to be retained until transferred?
Certification granted 11/19/08
Argued: 1/21/09
Decided: 5/6/09

A-51/52-08 New Jersey Shore Builders Association v. Township of Jackson (62,953)
Can a municipality require developers of all sizeable residential developments to set aside land for recreation and open space or to make payments in lieu of those set-asides?
Certification granted 11/14/08
Argued: 3/9/09
Decided: 6/25/09

A-50-08 State v. Richard J. Chippero (62,713)
Did the State’s prior concession that it lacked probable cause to arrest defendant mean that the warrant to search defendant’s residence also was issued without probable cause?
Certification granted 12/4/08
Argued: 9/29/09
Decided: 12/29/09

A-49-08 Sanders v. Langemeir (62,950)
Is this injured passenger entitled to recover personal injury protection benefits from the Property-Liability Insurance Guaranty Association for non-emergency medical treatment?
Certification granted 10/31/08
Argued: 2/18/09
Decided: 5/4/09

A-48-08 Klumb v. Board of Education of the Manalapan-Englishtown Regional School District (63,099)
Is a school board required to reinstate an employee ten years after the employee retired with a disability pension upon a determination that the employee has recovered from the disability?
Certification granted 10/30/08
Argued: 2/17/09
Decided: 5/11/09

A-47-08 In re Attorney General’s “Directive on Exit Polling” (63,087)
Can the Attorney General prohibit the distribution of voters’ rights cards within 100 feet of a polling place and to require notification and registration for exit polling?
Certification granted 10/29/08
Argued: 2/17/09
Decided: 9/30/09

A-46-08 State v. Jose Nunez-Valdez (63,073)
Can defendant’s guilty plea be knowing and voluntarily if his attorney misinformed him regarding the deportation consequences of the plea?
Certification granted 10/22/08
Argued: 3/9/09
Decided: 7/27/09

A-45-08 State v. Maribel Rolon (62,916)
To establish that defendant is guilty of first-degree robbery, is the State required to prove that the defendant intended to use a folding knife that was in his pocket?
Certification granted 10/22/08
Argued: 4/27/09
Decided: 7/13/09

A-44-08 State v. J.G. (63,232)
Did the cleric-penitent privilege established under N.J.R.E. 511, apply to preclude the pastor’s testimony in these circumstances?
Leave to appeal granted 10/20/08
Argued: 9/30/09
Decided: 4/7/10

A-43-08 Burnett v. County of Bergen (63,258)
Do individuals have a constitutional right to privacy that requires the redaction of their social security numbers from realty transfer documents that are produced electronically under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13?
Certification granted 10/17/08
Argued: 11/17/08
Decided: 4/27/09

A-42-08 Hirl v. Bank of America, N.A. (63,091)
Does the New Jersey Electronic Funds Transfer Privacy Act, N.J.S.A. 17:16K-1 to -6, apply to prohibit the disclosure of information about any account with electronic funds capability regardless of whether there has been an actual electronic funds transfer?
Certification granted 10/8/08
Argued: 3/10/09
Decided: 4/1/09

A-40-08 McDarby v. Merck & Co., Inc. (62,856)
Does the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. §§ 301-397, preempt state law tort claims alleging inadequate warnings in Vioxx labeling that was approved by the Food and Drug Administration?
Certification granted 10/3/08
Argued:
Decided: 5/7/09 by Order - Improvidently granted

A-38/39-08 Fawzy v. Fawzy (62,852)
Can parents resolve custody and parenting time disputes using arbitration?
Certification granted 10/3/08
Argued: 2/3/09
Decided: 7/1/09

A-37-08 In re Appeal by Earle Asphalt Co. (62,955)
Did the political contribution of this Company’s president disqualify the Company from bidding on a State construction project under N.J.S.A. 19:44A-20.14; or did the president’s request for a refund of the contribution entitle the Company to exemption under the safe-harbor provision of N.J.S.A. 19:44A-20.20?
Certification granted 9/23/08
Argued: 11/5/08
Decided: 1/15/09

A-36-08 Penn National Insurance Co. v. Costa (62,735)
In this premises liability suit, should coverage be provided by the automobile insurance policy or the homeowner’s policy where the third party was injured when he slipped on ice and struck his head on the car jack as he was approaching to help the owner change a flat tire?
Certification granted 9/9/08
Argued: 2/3/09
Decided: 3/25/09

A-35-08 DiMisa v. Acquaviva (62,792)
Are plaintiffs entitled to an award of counsel fees on the ground that the award is against a separate and distinct third party; and did the Appellate Division err in remanding issues that were not raised by appellants?
Certification granted 9/15/08
Argued: 1/21/09
Decided: 4/14/09

A-34-08 State v. Lavar Winder (62,697)
Was the trial court required to distinguish between legal and moral wrong in its jury instruction on defendant’s insanity defense, as suggested in State v. Worlock, 117 N.J. 596 (1990)?
Certification granted 9/5/08
Argued: 3/9/09
Decided: 7/28/09

A-33-08 State v. Quinn Marshall (62,289)
Was this search warrant invalid because it did not identify which one of two apartments was to be searched, but authorized the police to search, without further judicial review, the one that they later determined was being used by a suspect for selling illegal drugs?
Certification granted 9/5/08
Argued: 3/24/09
Decided: 7/21/09

A-29-08 Nicastro v. McIntyre Machinery America, Ltd. (62,668)
Does New Jersey have jurisdiction over this manufacturer which is located in England and which sold the allegedly defective machinery to an independent distributor in Ohio before the distributor sold it to a New Jersey company?
Certification granted 7/15/08
Argued: 1/21/09
Decided: 2/2/10

A-28-08 State v. Terry Coder (61,526)
Did the trial court abuse its discretion in admitting the out-of-court statements of the child victim of sexual abuse under N.J.R.E. 803(c)(27)?
Certification granted 7/8/08
Argued: 2/17/09
Decided: 5/4/09

A-27-08 State v. Steven Fortin (62,875)
Can defendant be sentenced to life without parole under the recent amendments to N.J.S.A. 2C:11-3, which amendments also eliminated the death penalty, if the maximum parole ineligibility period for a life sentence at the time of defendant’s crime was 30-years?
Leave to appeal granted 7/15/08
Argued: 1/20/09
Decided: 5/12/09

A-26-08 Lyle Real v. Radir Wheels, Inc. (61,588)
Does the Consumer Fraud Act, N.J.S.A. 56:8-1 to -166, apply to an individual defendant’s sale by auction of a used vehicle on an Internet website?
Certification granted 7/15/08
Argued: 1/21/09
Decided: 4/8/09

A-25/53-08 Circus Liquors, Inc. v. Township of Middletown (62,408)
Must a liquor license held in violation of the two-license limit of N.J.S.A. 33:1-12.31 be forfeited, or does the Director of the Division of Alcoholic Beverage and Control have authority to permit the license to be retained until transferred?
Certification granted 7/3/08
Argued: 1/21/09
Decided: 5/6/09

A-24-08 Mt. Holly Township Board of Education v. Mt. Holly Township Education Association (62,703)
Can a school board avoid binding arbitration on an employee’s grievance as provided in a collective bargaining agreement based on conflicting provisions in the employee’s individual contract?
Certification granted 7/23/08
Argued: 1/5/09
Decided: 6/24/09

A-23-08 Jen Electric, Inc. v. County of Essex (62,930)
Does a subcontractor have standing to challenge bid specifications under N.J.S.A. 40A:11-13 of the Local Public Contracts Law?
Certification granted 7/11/08
Argued: 9/23/08
Decided: 3/4/09

A-21/22-08 Leang v. Jersey City Board of Education (62,622)
Were defendants entitled to qualified immunity for their conduct in restraining and transporting plaintiff to a hospital for evaluation?
Certification granted 6/26/06
Argued: 1/5/09
Decided: 4/16/09

A-20-08 Amalgamated Transit Union Local 880 v. New Jersey Transit Bus Operation, Inc. (62,481)
Should the courts confirm this arbitration decision dismissing the union’s grievance on the ground that the parties’ collective bargaining agreement did not authorize a probationary employee to use the grievance process?
Certification granted 6/26/08
Argued: 1/5/09
Decided: 7/15/09

A-19-08 Piermont Iron Works, Inc. v. Evanston Insurance Co. (62,178)
Was this defendant, a surplus lines insurance carrier, required to provide notice of non-renewal to the insured?
Certification granted 6/26/08
Argued: 11/17/08
Decided: 1/29/09

A-18-08 Marino v. Marino (62,410)
Was the plaintiff spouse entitled to have the decedent’s body disinterred and moved under the relevant provisions of the New Jersey Cemetery Act, N.J.S.A. 45:27-22 and -23?
Appeal perfected 6/20/08
Argued: 1/6/09
Decided: 9/24/09

A-17-08 State v. Forrest M. Baker (62,586)
Should the indictment against defendant be dismissed because of the State’s failure to comply with the Interstate Agreement on Detainers, N.J.S.A. 2A:159A-1 to -15; and was it reversible error for the trial court to admit into evidence defendant’s involvement in another crime?
Certification granted 6/12/08
Argued: 1/5/09
Decided: 3/16/09

A-16-08 Bauer v. Nesbitt (62,552)
Can the defendant restaurant be liable for the death of a passenger in a motor vehicle accident caused by the intoxication of the nineteen-year-old driver if the evidence showed that the restaurant served only the visibly-intoxicated passenger but not the underage driver?
Certification granted 6/12/08
Argued: 12/2/08
Decided: 5/7/09

A-15-08 Hemsey v. Board of Trustees, Police & Firemen’s Retirement System (61,372)
Did petitioner’s post-retirement position with the municipality include supervisory and administrative authority over police and fire personnel and thereby violate the prohibition against double dipping of N.J.S.A. 43:16A-15.3, and was petitioner required to repay retirement benefits received during the time he held the position?
Certification granted 6/6/08
Argued: 11/17/08
Decided: 3/24/09

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
Decided:

A-13-08 State v. Martin R. Taccetta (62,490)
Was defendant’s trial counsel ineffective in providing advice on the State’s plea offer and is defendant entitled to a new trial because of counsel’s ineffectiveness, notwithstanding the jury’s guilty verdict?
Leave to appeal granted 5/16/08
Argued: 1/20/09
Decided: 7/30/09

A-12-08 State v. Terrence Echols (62,445)
Were defendant’s trial and appellate counsel ineffective for failing to argue that defendant was entitled to an alibi instruction?
Certification granted 5/16/08
Argued: 12/3/08
Decided: 3/12/09

A-10/11-08 Litton Industries, Inc. v. IMO Industries, Inc. (62,409)
Was the trial court’s award to plaintiff of counsel fees, expert fees and costs under the terms of the parties’ contract excessive given the limited relief obtained by plaintiff?
Certification granted 5/16/08
Argued: 12/2/08
Decided: 11/2/09

A-9-08 Pagano Company v. 48 South Franklin Turnpike LLC (62,495)
Did the purchaser of this commercial property assume liability for commissions due to a real estate broker by assumption of the rights and liabilities of the seller under the leases?
Certification granted 5/16/08
Argued: 12/3/08
Decided: 3/9/09

A-8-08 State v. Larry R. Henderson (62,218)
Should the test for reliability of eyewitness identifications applied in Manson v. Brathwaite, 432 U.S. 98 (1977), as followed by State v. Madison, 109 N.J. 223 (1988), be modified in light of recent scientific and other evidence?
Certification granted 5/16/08
Argued: 1/20/09
Disposition by Order: 2/26/09 - Jurisdiction Retained
Re-Argued: Scheduled for 3/28/11
Decided:

A-7-08 State v. Anthony Bogan (62,354)
Was the police entry into this apartment in response to a report of sexual molestation of a minor permissible under the exigent circumstances exception to the warrant requirement?
Certification granted 5/16/08
Argued: 1/6/09
Decided: 7/7/09

A-6-08 DYFS v. G.M. (62,300)
Did the trial court err in allowing DYFS to terminate abuse and neglect proceedings after the proceedings led to a change in residential custody of the children from that established by the parents’ divorce decree?
Certification granted 5/16/08
Argued: 1/6/09
Decided: 4/7/09

A-5-08 State v. Alonzo B. Hill (61,831)
Did the trial court’s determination to give a Clawans charge adverse to defendant (instructing the jury that it may draw an inference that a missing witness – defendant’s nephew - would have given evidence unfavorable to defendant who could have produced the witness) constitute plain error?
Certification granted 5/16/08
Argued: 1/20/09
Decided: 7/14/09

A-4-08 Shore Orthopaedic Group v. The Equitable Life Assurance Society (62,302)
Was this insurance coverage a first-party or a third-party policy for the purpose of considering an award of counsel fees under Rule 4:42-9(a)(6)?
Certification granted 5/20/08
Argued: 2/3/09
Decided: 6/22/09
Corrected: 7/20/09

A-3-08 State v. Diego Vallejo (62,307)
Was the trial court’s jury instruction regarding the use of evidence of defendant’s prior bad acts so inadequate as to constitute plain error?
Certification granted 5/6/08
Argued: 1/6/09
Decided: 3/10/09

A-2-08 McKesson Corp. v. Hackensack Medical Imaging (62,351)
Did the Texas courts have personal jurisdiction over this New Jersey defendant and are New Jersey courts required to enforce the Texas judgment?
Certification granted 5/6/08
Argued: 12/2/08
Decided: 1/21/09

A-1-08 Agha v. Feiner (62,172)
Was plaintiff’s suit for injuries suffered in an auto accident subject to involuntary dismissal pursuant to Rule 4:37-2(b) for failure to satisfy the verbal threshold?
Certification granted 5/9/08
Argued: 12/2/08
Decided: 2/26/09

A-117-07 State v. Saleem Allen (62,482)
Should defendant have been allowed to withdraw his guilty plea prior to sentencing on the ground that it was not voluntary?
Certification granted 5/16/08
Argued: 10/7/08
Decided by Order: 2/4/09

A-116-07 DEG, LLC v. Township of Fairfield (62,371)
Can the Township’s governing body vacate a judgment memorializing its settlement of a case that challenged the constitutionality of a statute and under which settlement the Township was enjoined from enforcing the statute?
Certification granted 4/21/08
Argued: 11/5/08
Decided: 3/25/09

A-115-07 State v. Paul Kuchera, Sr. (62,395)
Does State v. Artwell, 171 N.J. 526 (2003), which precludes defense witnesses from appearing in court in physical restraints, also apply to witnesses for the prosecution?
Certification granted 4/11/08
Argued: 11/3/08
Decided: 3/17/09

A-114-07 Czar, Inc. v. Heath (62,362)
Does this contractor’s work fall within the “new residence” exception to the Consumer Fraud Act?
Leave to appeal granted 4/3/08
Argued: 10/20/08
Decided: 3/18/09

A-113-07 Township of West Orange v. 769 Associates (62,201)
When a condemning authority abandons its condemnation action, is the property owner required to demonstrate a causal link between its legal efforts and the authority’s decision to abandon before the owner can recover counsel fees under N.J.S.A. 20:3-26(b)?
Certification granted 4/3/08
Argued: 10/21/08
Decided: 4/9/09

A-112-07 Hardy v. Abdul-Martin (62,228)
Is a passenger in a stolen vehicle subject to this exclusion from insurance coverage for persons injured while occupying “an automobile without permission of the owner” if the passenger was unaware that the vehicle was stolen?
Certification granted 4/3/08
Argued: 11/5/08
Decided: 3/5/09

A-110-07 Bardis v. First Trenton Insurance Co. (62,157)
In this action seeking underinsured motorist benefits, was plaintiff entitled to have the jury informed that the defendant was his auto insurance carrier?
Certification granted 3/27/08
Argued: 11/17/08
Decided: 6/10/09

A-107-07 State v. A.O. (62,096)
Was defendant’s stipulation as to the admissibility at trial of polygraph test results invalid because executed without benefit of counsel?
Certification granted 3/27/08
Argued: 11/3/08
Decided: 3/4/09

A-106-07 Baboghlian v. Swift Electrical Supply Co. (61,311)
Did the owner of the property have a nondelegable duty to ensure that its fire alarm system complied with applicable fire codes even if the owner had no obligation to install the alarm system and the owner contracted with a licensed electrician to install and test the system?
Certification granted 3/27/08
Argued: 10/20/08
Decided: 2/18/09

A-105-07 State v. Dionte Byrd (61,251)
Should New Jersey adopt the forfeiture-by-wrongdoing doctrine, which permits the State to use out-of-court statements of a witness who refuses to testify at trial because of defendant’s threats?
Certification granted 3/27/08
Argued: 1/5/09
Decided: 4/2/09

A-104-07 State v. Angelo A. Grenci, Jr. (61,300)
Could defendant be deemed to have waived his right to be present at trial on charges presented in a superseding indictment when defendant appeared on the original trial date and was not given notice of the additional charges in the superseding indictment prior to the adjourned trial date?
Certification granted 3/12/08
Argued: 11/3/08
Decided: 2/24/09

A-103-07 State v. Rahmann Reeds (61,852)
Was defendant denied a fair trial based on the alleged trial errors, which included the prosecutor’s use of peremptory challenges to excuse African American jurors?
Certification granted 2/29/08
Argued: 11/3/08
Decided: 1/22/09

A-102-07 Mazzacano v. Happy Hour Social Club (61,960)
In this action alleging negligence under the Dram Shop Act on the part of a social club for serving alcohol to a visibly intoxicated person, can plaintiff introduce evidence that the club failed to comply with a provision of its special permit that required it to post monitors next to the beer truck?
Appeal perfected 2/4/08
Argued: 10/6/08
Decided: 1/22/09

A-100-07 Education Law Center v. New Jersey Department of Education (62,150)
Were the Department’s records in respect of its estimates and analyses of the cost of providing a thorough and efficient education exempted from disclosure under the Open Public Records Act as deliberative materials?
Leave to appeal granted 2/5/08
Argued: 10/21/08
Decided: 3/26/09

A-97-07 Bosland v. Warnock Dodge, Inc. (61,927)
Does the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, include as an essential element an attempt to obtain redress from the retailer prior to filing suit?
Certification granted 2/4/08
Argued: 10/6/08
Decided: 2/19/09

A-96-07 Livsey v. Mercury Insurance Group (61,936)
Is an insured entitled to uninsured motorist benefits under her auto insurance policy for injuries sustained in a drive-by shooting while entering her vehicle?
Certification granted 2/4/08
Argued: 9/9/08
Decided: 2/19/09

A-94-07 State v. Marcus Cassady (61,967)
Did the trial court’s failure to charge the jury on the lesser included offense of theft require the reversal of defendant’s robbery conviction?
Certification granted 1/24/08
Argued: 10/20/08
Decided: 3/11/09

A-93-07 State v. Jama Smith (61,956)
Did the trial court err in its jury instruction regarding the knowledge required to establish the crime of possession of a defaced firearm?
Certification granted 1/24/08
Argued: 10/7/08
Decided: 1/27/09

A-88/89/90/91-07 Pellicer v. St. Barnabas Hospital (61,691)
Are defendants in this medical malpractice case entitled to a new trial because of errors in the jury selection process and the improper statements and tactics of plaintiff’s counsel?
Certification granted 1/24/08
Argued: 11/5/08
Decided: 7/23/09

A-86/87-07 Lobiondo v. Schwartz (61,643)
In this action alleging malicious use of process against a party and his attorneys, can the party defend on the ground that he was acting on advice of counsel while the attorneys receive immunity?
Certification granted 1/24/08
Argued: 9/23/08
Decided: 5/14/09

A-85-07 State v. John L. Nyhammer (61,732)
Did police have a duty to re-advise defendant of his Miranda rights after informing him that he was a suspect; and did the trial court err in admitting the out-of-court statement of the child victim?
Certification granted 1/18/08
Argued: 10/20/08
Decided: 2/3/09
Corrected Opinion issued: 2/26/09

A-84-07 State v. Vincent Salzillo (61,673)
In the circumstances of this motor vehicle stop, were police justified in conducting a warrantless search of a backpack?
Certification granted 1/18/08
Argued: 10/7/08
Improvidently granted: 5/21/09

A-83-07 New Jersey Shore Builders Association v. Township of Jackson (61,551)
Does a municipality have the authority to enact a tree removal ordinance that requires property owners either to replace any tree that is removed or to make a payment into an escrow fund for the replanting of trees elsewhere in the town?
Certification granted 1/18/08
Argued: 9/9/08
Decided: 5/13/09

A-79-07 In the Matter of the Civil Commitment of J.M.B. (61,547)
Were J.M.B.’s prior crimes properly determined to be “sexually violent offenses” under the catch-all provision of N.J.S.A. 30:4-27.26(b), thereby subjecting him to civil commitment as a sexually violent predator?
Certification granted 11/20/07
Argued: 9/8/08
Decided: 2/23/09

A-73-07 State v. Wayne DeAngelo (61,782)
Did the application of this ordinance prohibiting inflatable signs to defendant in the circumstances of this labor dispute infringe upon defendant’s constitutional right to free speech?
Certification granted 12/6/07
Argued: 9/23/08
Decided: 2/5/09

A-72-07 State v. Tony Slater (61,723)
Should the defendant be permitted to withdraw his guilty plea under the circumstances presented?
Certification granted 12/6/07
Argued: 10/7/08
Decided: 2/4/09

A-70/71-07 Lourdes Medical Center v. Board of Review (61,558)
Did the Board of Review apply the appropriate test in determining whether these nurses, employees of the plaintiff medical center, were entitled to unemployment benefits after they walked off their jobs during a labor dispute?
Certification granted 11/20/07
Argued: 9/9/08
Decided: 1/27/09

A-66/67-07 Ogborne v. Mercer Cemetery Corp. (61,344)
Under the circumstances presented, is the liability of the public entity to be determined by applying the standard of ordinary negligence or the palpably unreasonable standard governing liability for a dangerous condition of public property, N.J.S.A. 59:4-2?
Certification granted 10/31/07
Argued: 10/6/08
Decided: 1/29/09

A-44-07 State v. Angela Baum and Jermel Moore (61,313)
In the circumstances of this traffic stop of an unregistered vehicle operated by a driver unable to produce driving credentials, should the seized evidence be suppressed because of the police officer’s questioning of the driver before administering Miranda warnings?
Leave to appeal granted 9/7/07
Argued: 3/11/08
Reargued: 9/8/08
Decided: 6/15/09

A-15-07 State v. Charles Fuller (60,986)
Was this warrantless search of an automobile during this traffic stop permissible under the automobile exception to the warrant requirement after defendant had been arrested and secured in the patrol vehicle?
Certification granted 6/7/07
Argued: 3/11/08
Reargued: 9/22/08
Decided: 2/25/09

A-129-06 State v. Juan Pena-Flores (60,886)
Was this warrantless search of an automobile after the removal of the occupants permissible under the automobile exception to the warrant requirement?
Leave to appeal granted 5/11/07
Argued: 3/11/08
Reargued: 9/22/08
Decided: 2/25/09

 

 

 

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