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njcourts.gov
… A DENIAL OF DEFENDANT'S RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL BY AN IMPARTIAL JURY (Not Raised Below). A. The … to the church and speak with a police officer there. They complied. Police used OnStar to locate the Cadillac, which … as the man who stole the Cadillac. In his second and last argument, defendant's appellate counsel contends the …
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njcourts.gov
… is one who "tells on a certain individual after they committed a crime, and anything . . . can happen to that … THE JURY ON SELF-DEFENSE AND THEREFORE DENIED GRANT A FAIR TRIAL. THE GUILTY VERDICT ON THE POSSESSION OF A KNIFE … punched defendant; in turn, she defended herself by slashing him with the knife. She was charged with unlawful …
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njcourts.gov
… DOCKET NO. A-0105-16T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOLDERS OF THE GSAA HOME EQUITY … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. … lacking in "good faith, honesty in fact and observance of fair dealing." Cox v. Sears Roebuck & Co., 138 N.J. 2, 18 …
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njcourts.gov
… Law Division judge denied defendant's motion to dismiss the complaint after rejecting defendant's argument that N.J.S.A. 2A:14-281 barred plaintiff from pursuing its complaint. 1 The statute provides in pertinent part: If, in … underlying the enactment of statutes of limitation is fairness to the defendant. Though giving repose to human …
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njcourts.gov
… 2C:41-2d, and N.J.S.A. 2C:5-2; first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3a and N.J.S.A. 2C:5- 2; … the remaining charges. The State further agreed to recommend that defendant be sentenced to twelve years in … Effect of Counsel's Deficiencies Resulted in an Unfair Procedure. POINT II [] DEFENDANT IS ENTITLED TO AN …
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njcourts.gov
… N.J.S.A. 2C:7-2(a), a provision in the Registration and Community Notification Law, N.J.S.A. 2C:7-1 to -11, also … defect in performance prejudiced defendant's rights to a fair trial and there exists a "reasonable probability that, … charging him with offenses pertaining to his failure to comply with Megan's Law misstated the predicate offense did …
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njcourts.gov
… to murder, armed robbery, armed burglary, conspiracy to commit armed robbery, and related weapons offenses. He was … his immigration records and, therefore, had the ability to compare the fingerprint to his own shortly after it was … that time frame, defendant was a fugitive, and he cannot fairly claim the State was delinquent in not obtaining his …
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njcourts.gov
… because the period of parole ineligibility did not comply with the requirements of the No Early Release Act … only options were to plead to the indictment without any recommendation as to the sentencing . . . [or] go to trial." … sentencing exposure that prevents defendant from making a fair evaluation of a plea offer and induces him to reject a …
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njcourts.gov
… counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … Judge Sheila A. Venable heard oral argument and issued a comprehensive written opinion denying the petition.1 The … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a …
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njcourts.gov
… Bernadette Harper, a New Jersey Manufacturers Insurance Company (NJM) insured, sustained injury to her lower back in … N.J.A.C. 11:3-29.5." Endo Surgi filed a Law Division complaint under N.J.S.A. 2A:23A-13 of the Alternative … that performed this CPT Code. The court did not consider it fair that the Department's PIP medical fee schedule did not …
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njcourts.gov
… of the court was delivered by ALVAREZ, P.J.A.D. Drivers commit a fourth-degree crime if they operate a motor vehicle … and stayed the service of the jail time pending the outcome of this appeal. Defendant raises the following points: … Defendant's starting premise on this issue is that a fair reading of State v. Olivero, 221 N.J. 632, 639 (2015), …
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njcourts.gov
… but also that the deficiency prejudiced his right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 …
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njcourts.gov
… from the June 21, 2019 Law Division order dismissing the complaint in lieu of prerogative writs he filed against the … seeking a declaration that the Borough had substantially complied with its obligations under the Supreme Court's … redevelopment.'" On November 28, 2017, the Borough and the Fair Share Housing Center entered into a settlement …
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njcourts.gov
… sentencing judge explained to defendant that he would not recommend him for the ISP or drug court. 3 A-0310-19T4 … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. A … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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njcourts.gov
… to request a jury charge on the defense of necessity. In a comprehensive written opinion issued on May 30, 2019, Judge … the defect in performance prejudiced defendant's right to a fair trial such that there exists a "reasonable probability … doctor who prescribed the medication, and when defendant last took the medication prior to the offense. In addition, …
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njcourts.gov
… mitigating factors including that appellant successfully completed community supervision opportunities and did not … It also noted that appellant: 1) participated in specific classes to address his behavioral issues and other … TO DENY APPELLANT PAROLE. III. APPELLANT WAS DENIED A FAIR HEARING WHEN A HEARING OFFICER FAILED TO COMPLY WITH …
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njcourts.gov
… the TRO for lack of proofs,2 but the State pursued a complaint against defendant for contempt and harassment , … of violating the March 13, 2019 FRO, so we confine our comments to that portion of the trial involving the February … appeal, defendant argues his "due process and rights to a fair trial protected under the Sixth and Fourteenth …
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njcourts.gov
… Piemontese appeals from a May 10, 2019 order dismissing her complaint, and a June 21, 2019 order denying her motion for … We reverse and remand for reinstatement of plaintiff's complaint. On December 13, 2018, plaintiff filed a pro se … to amend her complaint based on "interests of equity, fairness and justice." We review the grant of a motion to …
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njcourts.gov
… DOCKET NO. A-3215-19 MANUFACTURERS AND TRADERS TRUST COMPANY, also known as M&T BANK SUCCESSOR BY MERGER TO … in favor of plaintiff Manufacturers and Traders Trust Company, also known as M&T Bank successor by merger to … the notice of intent to foreclose in accordance with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68, and …
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njcourts.gov
… *.002 charge, Gaskins was sentenced to 270 days' loss of commutation time, 270 days of administrative segregation, … *.254 charge, Gaskins was sentenced to sixty days' loss of commutation time, sixty days of administrative segregation, … He contends those procedural decisions denied him a fair hearing and violated his due process rights, as set …