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… third-degree theft, N.J.S.A. 2C:20-2(b)(2)(d). The State recommended a sentence of probation conditioned on 364 days in … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). "A judge's sentencing … purpose is to "further equal protection and fundamental fairness considerations by preventing the 'double 8 …
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… A-3580-17T3 IN THE MATTER OF EUGENE R. ROYSTER AND KATE BLASZKOWSKI, BURLINGTON COUNTY. … and Enright. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2018-1000 and 2018-1003. Mark W. … all the circumstances, as to be shocking to one's sense of fairness.'" Carter, 191 N.J. at 484 (quoting In re Polk …
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… consideration of evidence adduced at trial that defendant committed the murders in finding and weighing the … to shock the judicial conscience." 6 A-4632-17T5 [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) … argues this violated principles of due process, fundamental fairness and the right to trial by jury, as expressed in …
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… VOLLERS EXCAVATING & CONSTRUCTION, and NJ AMERICAN WATER COMPANY, Defendants, and BOROUGH OF UNION BEACH, … Argued March 27, 2019 – Decided July 8, 2019 Before Judges Fuentes and Moynihan. On appeal from the Superior Court of … the limitations of [the TCA] and in accordance with the fair and uniform principles established [in the TCA]." …
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… 43:15A-7(d) reads in pertinent part: Elected officials commencing service on or after the effective date [July 1, … clerk an employment verification form with instructions to complete the form and return it, which she did. On August 9, … was arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated …
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… Appellant, v. CATASTROPHIC ILLNESS IN CHILDREN RELIEF FUND COMMISSION, Respondent. ___________________________ … Clinical Trials, U.S. Food and Drug Administration (last updated June 15, 2016). 5 A-5603-18 HBOT. After careful … ITS DECISION TO DENY HBOT EXPENSES IN 2016- 2017 WAS UNFAIR AND ARBITRARY. II. "Judicial review of agency …
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… Plaintiffs-Appellants, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY,1 Defendant-Respondent, and JENNIFER KOLASINSKI, … Insurance Company (GEICO) under a New Jersey Family Automobile Insurance Policy that included underinsured motorist … the same standard employed by the motion judge. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… she was married to Mr. Rasczyk. On June 22, 2000, Karen completed her PERS enrollment application and listed Mr. … was arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated … by the member to the annuity savings fund were based in the last year of creditable service. [N.J.S.A. 18A:66-38.] 8 …
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… third-degree burglary and third-degree conspiracy to commit burglary under Indictment No. 14-04-0474; … and second-degree robbery, second-degree conspiracy to commit robbery, first-degree robbery, and third-degree … 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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… Officers at the scene also detected the odor of marijuana coming from defendant's car and observed a glass vial of marijuana in plain view on the front passenger … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… or persistent to warrant revocation. The hearing officer recommended that Bunch be continued on PSL status subject to completing a 180-day program entitled PROMISE, a program … 9 A-3978-19 complete the PROMISE program, following a fairly recent violation of PSL conditions. Bunch conceded he …
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… Between July 2016 and January 2017, plaintiff resided in a community residence for mentally ill adults that was … rent of $560 for her apartment. Located in Toms River, the community residence is one of many that is licensed and … Record And List Defendant's Counterclaim For Trial Has Unfairly And Arbitrarily Prevented Plaintiff From Appealing …
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… Blue entered the order under review and rendered a comprehensive oral opinion. A jury found defendant guilty of … 2C:12- 3(b) (count eleven); and second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2, 15-1(a)(1), (2) (count … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. A …
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… of an extended term NERA sentence was "manifestly unfair" because the sentencing judge impermissibly "double … at trial, the State's final witness, a detective, could not complete his testimony because he had to leave before the … her, the State's final witness returned to the stand and completed his testimony.1 The State formally rested its …
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… April 22, 2020 – Decided May 12, 2020 Before Judges Fuentes and Mayer. On appeal from the Superior Court of New … 39:3-40 of the motor vehicle code. Although the case commenced in the municipal court for the City of Clifton, … N.J. at 41. "Even where a statute's constitutionality is 'fairly debatable, courts will uphold' the law." Lenihan, 219 …
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… the judge informed defendant that he would be sentenced to community supervision for life (CSL). Defendant also completed plea forms to that effect. At the February 2007 … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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… Judges Alvarez and DeAlmeida. On appeal from the New Jersey Commissioner of Education, Docket No. 100-5/17. Oxfeld … resources. The ALJ noted that offering a psychology class to students would have required a formal, approved … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Russo v. Bd. of …
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… and COUNTY OF ATLANTIC, Defendants, and GEICO INSURANCE COMPANY, Defendant-Respondent. _____________________________ … Atlantic County park ranger—was involved in an automobile accident while operating an Atlantic County owned … end that coverage is afforded 'to the full extent that any fair interpretation will allow.'" Id. at 258 (first …
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… job was terminated, effective May 9, 2013, for conduct unbecoming a public employee, in light of his attempt to misuse … officer. Significantly, by the second quarter in 2013, the last quarter in which pension contributions were made on his … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Stein v. Dep't of Law & Pub. …
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… DIVISION DOCKET NO. A-2780-18T5 IN THE MATTER OF THE CIVIL COMMITMENT OF M.A., SVP-626-11. ______________________ … initially engaged in treatment at the STU, he had, over the last couple of years, withdrawn from participation. He also … act occurred here is enough to allow our courts to fairly and constitutionally commit or continue to commit a …