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… the matter should be remanded to the Board for a full and fair hearing, with this court retaining jurisdiction. We … cited appellant's prior criminal record, which had become increasingly more serious, the fact that prior … appellant's extensive prior criminal record and that he had committed a crime while attempting to elude prosecution. …
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… as well as the charges in an unrelated indictment, and to recommend concurrent five-year terms of imprisonment with a … Graves Act, N.J.S.A. 2C:43-6(1). The State also agreed to recommend that the sentence would run concurrent to any … counsel's errors are sufficiently serious to deny him a fair trial. The prejudice standard is met if there is a …
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… "conceived as a matter of equal protection or fundamental fairness" to avoid "the double punishment that would … 197. We are bound to follow Hernandez and Rawls, which both compel the decision to award defendant the jail credits in …
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… (count four); and four counts of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 (counts six, seven, eight, … 565, 576 (1992)). Notably, the five-year limitation period commences upon the actual entry of the judgment of … counsel's errors are sufficiently serious to deny him a fair trial. The prejudice standard is met if there is a …
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… was present when the judge made this A-0674-14T1 5 comment. However, the judge further noted that, even if the … for approximately two weeks. When the parties returned to complete oral argument, they advised the court defendant … I believe the four with the two resolution was extremely fair. The State could have sought a . . . higher sentence …
njcourts.gov
… to count one in exchange for the State's agreement to recommend a seven-year term of imprisonment with no period of … supervision for life; and he could be subject to civil commitment at the conclusion of his sentence if deemed to be … counsel's errors are sufficiently serious to deny him a fair trial. The prejudice standard is met if there is a …
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… failed to meet "his burden of presenting sufficient competent and credible evidence of facts essential to his … training program designed to instruct officers in physical combat skills as an alternative to using deadly force. … is arbitrary, capricious, or unreasonable, or that it lacks fair 5 A-0938-15T3 support in the record.'" Russo v. Bd. of …
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… more than eight stories and up to 130 feet in height. Other commercial property in the Journal Square core, designated as Zone 3 "commercial center" permitted buildings as high as … "where the interests of justice, morality and common fairness clearly dictate that course." Palisades Properties, …
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… a tenant on the leased property, we affirm. The Powells own commercial property located in Phillipsburg, New Jersey. … premises located in Phillipsburg to SMP Inc., a trucking company engaged in the transportation of freight by truck, … of such a duty satisfies an abiding sense of basic fairness under all of the circumstances in light of …
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… and reports relied upon by DEP to establish that Yates Foil committed the violations. Yates Foil maintains that the … Yates Foil represented to DEP that it disposed of the last remaining amount of hazardous waste in November 2002, … arbitrary, capricious or unreasonable, or that it lacked fair 6 A-0874-15T1 support in the evidence, or that it …
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… Submitted January 31, 2018 – Decided Before Judges Fuentes and Koblitz. On appeal from Superior Court of New … a.m. Police Officer Robert Meszaros found the victim had communicated by text with an individual named "MAT" the … were "so egregious that [they] deprived the defendant of a fair trial." The court's inquiry should consider "(1) …
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… Submitted February 28, 2018 – Decided Before Judges Fuentes and Manahan. On appeal from Superior Court of New … PCR judge held, and we agree, that the brother's isolated comments about his personal feelings about defendant did not … significant, it must undermine the fundamental fairness of the proceeding. 8 A-3690-16T4 Strickland, 466 …
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… normal. In March 2012, petitioner underwent a surgical decompression of his right radial nerve. In June, he was … December 12, 2012. Petitioner had been involved in an automobile accident in 2009 in which he sustained injuries to … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting In re Herrmann, …
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… Mallon & Cappuzzo, PC, attorneys for respondent (J. Nicholas Strasser, of counsel and on the brief). PER CURIAM This … Robinson and defendant Frank Phillips. Plaintiff filed a complaint in the Law Division NOT FOR PUBLICATION WITHOUT … Grp., Inc., 206 N.J. 506, 521 (2011) (quoting Baxter v. Fairmont Food Co., 74 N.J. 588, 597-98 (1977)); see also 7 …
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… "wanted to withdraw the charges." The prosecutor would not comply, and thereafter Flores attended each of defendant's … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… on July 10, 2013. On November 8, 2013, plaintiff filed a complaint for foreclosure. In the complaint, plaintiff alleged defendant failed 3 A-2282-16T3 … had not cured the default, and it had complied with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -73, by …
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… and "Del Valle" in the pleadings and documents that comprise the record. We use the spelling contained in the … 24, 2013. He first saw petitioner on April 16, 2014, and last saw him in May, 2014.2 Dr. Vizzone did not treat … conclude petitioner's argument that he was not afforded a fair hearing because the judge denied his request to amend …
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… contentions: POINT I THE PROSECUTOR'S IMPROPER TACTICS UNFAIRLY BOLSTERED THE CREDIBILITY OF THE COMPLAINING WITNESS. (Not Raised Below). A. In Summation, … is okay." At that point, J.M. saw the light from a flashlight at her window, broke away from defendant, ran out …
default
… appellate counsel was ineffective in failing to provide a complete record of the trial proceedings in the direct … had a copy of the story. It was also found on defendant's computer during the police investigation. 4 A-2645-17T4 In a … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… and Kennedy. On appeal from the New Jersey Civil Service Commission, Docket No. 2014-635. Samuel J. Halpern argued … attorney for respondent The New Jersey Civil Service Commission (Todd A. Wigder, Deputy Attorney General, on the … is strictly enforced, and other factors that go to the fairness of applying the age restriction to him after he was …