The Supreme Court Takes Up Two More Cases, One Civil and One Criminal

The Supreme Court announced that it has granted certification in two new cases. One is a civil matter, in which a two-judge Appellate Division panel issued an unpublished per curiam decision. The other, a criminal case, was decided by a per curiam unpublished ruling by a three-judge panel.

The civil case is Scavone v. Oliver. The question presented, as phrased by the Supreme Court Clerk’s office, is “Does the decision in Estate of Narleski v. Gomes, 244 N.J. 199 (2020) apply in the context of this action, in which plaintiff alleges that his injury was the result of defendants allowing individuals under the age of twenty-one to consume alcohol in defendants’ home?” Reversing a grant of summary judgment, the Appellate Division held that Narleski did apply.

In the criminal case, State v. Macchia, the question presented is “Is a general verdict unanimously rejecting self-defense sufficient, or must the jury unanimously agree to one or more of the three bases for rejecting self-defense?” The Appellate Division held that the jury need not so agree, and affirmed the jury’s conviction of defendant on second-degree reckless manslaughter.