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… denied their motion to change venue, for leave to file a complaint against the then court-appointed receiver Michael … . . where there is any . . . reason which might preclude a fair and unbiased hearing and judgment, or which might … of res judicata and the law of the case doctrine. See Velasquez v. Franz, 123 N.J. 498, 505 (1991) ("[T]he doctrine …
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… For the reasons that follow, we affirm both orders. I. We commence our review with a discussion of well-settled legal … reflect what you had previous [sic] demanded during the last settlement conference on 09.26.17 before Judge … all parties, by ensuring that the trial is conducted in a fair, honest, and orderly manner in accordance with the …
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… the trial court granted. At the time, however, due to a miscommunication, the prosecutor was unaware that the Office of … two others knocked on the door. Id. at 537-38. There was a "commotion" and one of the officers in the back notified the … LAW AND SHOULD NOT BE APPLIED RETROACTIVELY. C. FUNDAMENTAL FAIRNESS REQUIRES THAT DEFENDANT COPE BE AWARDED ALL CREDITS …
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… ordered that defendant-husband would retain his pre-complaint 401K account that he had already liquidated during … "The goal of equitable distribution . . . is to effect a fair and just division of marital assets." Steneken v. … fixed by the trial court." Id. at 613-14. 15 A-5437-16T3 Lastly, defendant argues he was "entitled to receive …
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… DOCKET NO. A-4556-15T4 ABDM PROPERTIES, LIMITED LIABILITY COMPANY, Plaintiff-Appellant, v. BOHDAN O. MEUSZ, NANCY A. … to caveat emptor "rests upon modern concepts of justice and fair dealing which recognize that purposeful concealment can … the liabilities of the corporate enterprise." Richard A. Pulaski Constr. Co. v. Air Frame Hangars, Inc., 195 N.J. 457, …
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… 2C:39-5(b) (Count One); second- degree possession of a community gun, N.J.S.A. 2C:39-4(a)(2) (Count Two); and … POSSESSION DENIED THE DEFENDANT OF HIS RIGHT TO A FAIR TRIAL. (Partially Raised Below). A. The Court Committed Prejudicial Error By Failing to Give, Sua Sponte, …
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… the day and invited a fourteen- year-old female friend to come to his house. They were sitting on the bed in his … friend to get out. Defendant called for X.R.'s mother to come to the bedroom and she started screaming at him because … characterized him as a bad person and were akin to each, unfairly bolstering the credibility of each other's testimony. …
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… 3 A-0920-15T3 in approximately three (3) years when he becomes eligible for full retirement benefits from the … of the parties' marriage, April 12, 1975 and the date the Complaint for Divorce was filed, January 16, 2009. On June … asserted that she did not "feel" the judge could be fair to her. She stated that, "[i]t certainly creates the …
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… and the grand jury proceedings, depriving him of a fair trial. Although defendant's PCR petition was filed … POINT III THE DEFENDANT WAS PREJUDICED BY THE PREMATURE COMMENCEMENT OF HIS TRIAL. POINT IV SEEN EVEN UNDER THE MOST … PCR court was not required to hold an evidentiary hearing. Lastly, defendant, in his pro se supplemental brief, argues …
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… PER CURIAM This matter arises from the development of a commercial park in Lakewood, New Jersey. Respondent RD … the notice was deficient because the public was never fairly apprised of what uses would be conducted on the … failed to explain that an easement was being vacated. Lastly, LRA's counsel noted numerous conditions still had to …
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… the jury room violated Perkins' constitutional right to a fair trial. POINT II THE TRIAL COURT'S CHARGE ON FELONY … RECKLESS MANSLAUGHTER, AND THE ATTENDANT THEORIES OF ACCOMPLICE AND VICARIOUS LIABILITY AS APPLIED TO THOSE CRIMES … out" but heard gurgling and a hissing sound, as when a last breath leaves a person's body. Defendant saw April take …
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… Naomi Nierenberg, a cousin, Steven, and five family- owned companies, as defendants. In sum, she alleged that to a … the three appeals. 6 A-0499-18 POINT I THE APPEARANCE OF UNFAIRNESS ARISING FROM YET A THIRD TRANSACTION INVOLVING THE … decision. The remand hearing occurred on July 27, 2018. It lasted one day. A mortgage and mortgage note in the amount …
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… and vandalism of four Jewish synagogues and a Jewish community center. The co-defendants were tried separately. A … JURY INSTRUCTIONS ON TERRORISM DEPRIVED DEFENDANT OF A FAIR TRIAL, BECAUSE THEY 8 A-0686-17 DID NOT DISTINGUISH OR … 15, 28 (2019) (alteration in original) (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)).] When sentencing a …
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… mother had transferred her interest in a house in a seaside community. The trial court dismissed the amended complaint as to one of the transferees for failure to state … fifty percent interest in the property, the property had a fair market value of almost $800,000, and the property was …
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… however, plaintiff did not object to the exchange, make any comments concerning it, or request the recusal or … award—which was unfavorable to plaintiff—to file a complaint and order to show cause requesting vacation of the … requirement that they adhere to high standards of honesty, fairness and impartiality." Id. at 188. In its discussion of …
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… judge found factors three (the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3)), six (the … DOCTRINE AND THE UNITED STATES SUPREME COURT'S DECISION IN CLASS V. UNITED STATES AS COMPELLED BY THE DUE PROCESS CLAUSE … is entitled to disclosure of a presentence report for "fair opportunity to be heard on any adverse matters relevant …
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… Plaintiffs-Appellants, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant, and ALLSTATE INSURANCE COMPANY, … Allstate Insurance Company (Allstate). Pursuant to the Automobile Insurance Cost Reduction Act,2 Allstate's policy … photographs is witness testimony that the photograph is a fair and accurate depiction of what the exhibit purports to …
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… of first-degree armed robbery and second-degree attempt to commit armed robbery. 2 Miranda v. Arizona, 384 U.S. 436 … THEREBY VIOLATING JOHNSON'S RIGHTS TO DUE PROCESS AND A FAIR TRIAL. U.S. Const., Amends. V, XIV; N.J. Const., Art. … our judgment for that of the trial court. State v. Fuentes, 217 N.J. 57, 70 (2014). A sentence will be affirmed …
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… for a new determination on the application's merits. For completeness, we address plaintiff's remaining 3 A-1860-17T4 … upheld the Board's action and dismissed plaintiff's complaint. This appeal followed. B. The Board conducted a … the zoning ordinance. To the contrary, the proposed use is "fairly consistent" with the neighborhood. One Board member …
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… that the photos presented at the fact-finding proceeding fairly and accurately represented the bruising she observed. … Division must sustain that burden through the admission of "competent, material and relevant evidence." N.J.S.A. … for her actions, was contrite, 21 A-0033-18T2 and complied with Division-sponsored counseling." K.A., 413 N.J. …