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… Submitted June 2, 2016 – Decided Before Judges Fuentes and Kennedy. On appeal from Superior Court of New … failing to order a psychiatric evaluation to determine his competency to stand trial; (2) by failing to provide the … POINT IV PROSECUTORIAL MISCONDUCT DENIED THE DEFENDANT A FAIR TRIAL (NOT RAISED BELOW). POINT V THE DEFENDANT'S …
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… IN VIOLATION OF [DEFENDANT'S] RIGHTS TO DUE PROCESS AND A FAIR TRIAL. "Post-conviction relief is New Jersey's analogue … under the first prong of Strickland, a defendant must overcome "a strong presumption that counsel's conduct falls … "a probability sufficient to undermine confidence in the outcome." Strickland, supra, 466 U.S. at 694, 104 S. Ct. at …
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… Judges Nugent and Haas. On appeal from the Civil Service Commission, Department of Labor and Workforce Development, … had thoroughly searched the cell because her search lasted only six minutes from the time the search orders were … or unreasonable, or that 10 A-2623-14T4 it lacked fair support in the evidence.'" In re Carter, 191 N.J. 474, …
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… THE JURY THAT IT COULD NOT CONSIDER THAT DEFENDANT HAD COMMITTED A PREDICATE OFFENSE AS EVIDENCE OF HIS PROPENSITY TO COMMIT CRIMES OR OF HIS BAD CHARACTER VIOLATED HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL AND NECESSITATES REVERSAL OF HIS CONVICTION. (Not …
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… During her tenure, she held different titles, including her last position as Senior Data Processing Programmer. B.H. … mother, and notified B.H. that local police would be coming to the house to check on the boyfriend's welfare. The … capricious, or 8 A-0987-16T4 unreasonable, or that it lacks fair support in the record.'" Thompson v. Bd. of Trs., …
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… for summary judgment, dismissing his Special Civil Part complaint against defendants TWC Administration LLC and its officer William Osbourn. The complaint was based on a check drawn by Osbourn and a … days ran, and one may question whether the legend should be fairly read to cut off Rio's rights against the drawer – …
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… [the video] was played for the Court and jury at this time, commencing at 3:14:35 p.m., with the witness narrating … was not identical, the [] differences were de minimus." Lastly, defendant argued appellate counsel rendered … 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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… On appeal from New Jersey Public Employment Relations Commission, P.E.R.C. No. 2015-042. Cathlene Y. Banker argued … Relations Commission (Commission), which dismissed his unfair practice charges because they were not filed within the … to the ID. Before the Commission, Mandato conceded that the last of these three claims was not filed within six-months …
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… the parents uncooperative. The father reported the children last attended school three years ago and were currently … cooking, and gym, and showed the worker a Triumph Learning Common Core Coach book. Defendant stated Jason did not have … elsewhere] rests upon the State, it would be saddled with a fairly impossible task, for it would be obligated to prove a …
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… Argued October 26, 2016 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal from Superior … the number of dwelling units per acre. Plaintiff filed a complaint in lieu of prerogative writs pursuant to Rule … N.J. 263, 284 (2013) (quoting Smart SMR of N.Y., Inc., v. Fair Lawn Bd. of Adjustment, 152 N.J. 10 A-3830-14T1 309, …
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… error which unduly prejudiced defendant and denied him a fair trial" and "[t]he testimony of Detective Cavallo … v. Fritz, 105 N.J. 42, 58 (1987). 7 A-1214-16T3 must overcome the presumption that' the attorney's decisions followed … claims was not itself ineffective assistance of counsel. Lastly, defendant argues he established a prima facie case …
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… for the reasons set forth in Judge Mark Troncone's comprehensive written decision rendered on September 23, … approval on September 2, 2015. Plaintiff thereafter filed a complaint in lieu of prerogative writs seeking to reverse … suitable for the proposed use." [Smart SMR v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 (1998)] …
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… Design Group, LLC's (Watersedge) motion to dismiss the complaint with prejudice pursuant to Rule 4:6-2(e), and … not voluntarily and intentionally waive them thereafter. Lastly, by the time JIF contacted Blewett and Blewett … For the first time on appeal, JIF contends that equity and fairness support reversal. Generally, we decline to address …
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… 1:15 a.m., the eyewitness, while in her apartment in the company of others, heard the sound of gunshots. A second … wagon. Meanwhile, the occupant of another apartment in that complex heard gunshots and saw four men running. Two drove … but also that the deficiency prejudiced his right to a fair trial, or in this instance, his right to effective …
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… and 593 AVENUE E CONDOMINIUM ASSOCIATION, FORD MOTOR CREDIT COMPANY, OLYMPIA INTERNATIONAL, INC., F.A. SAAVEDRA, M.D., … 2010, after complying with the notice requirements of the Fair Foreclosure Act, N.J.S.A. 2A:50-56. On July 25 and July … without any factual support contrary to [Rule] 4:5-4. Lastly, [d]efendants' [a]nswer merely states that the …
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… contrary to N.J.S.A. 2C:11-4(a)(1). The State agreed to recommend that the court sentence defendant to sixteen years … asserted that another witness had seen numerous males coming from the scene after the shooting, and after the … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. …
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… Plaintiff-Appellant, v. AXA EQUITABLE LIFE INSURANCE COMPANY, Defendant-Respondent. … and 1994. In November 2014, plaintiff filed a putative class action complaint alleging AXA breached the Contract. … a claim of falsity as a breach of the contractual duty of fair dealing. [In re Kingate Mgmt. Litig., 784 F.3d 128, 140 …
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… for a deduction from her post-Medicaid eligibility income for the cost of 24-hour per day companion care services. Because there was confusion as to … was arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated …
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… as the attacker from a photo array, after viewing a composite sketch of the attacker in the newspaper. With … of defendant also confirmed that defendant wore black eyeglasses similar to a pair recovered from the crime scene. At … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… for summary judgment, and dismissed plaintiff's complaint. We affirm. I. We begin with a review of the … purpose of the statute is to afford the officer a full and fair hearing within a reasonable time. Ressel v. Costello, … decisions on matters concerning the removal of classified employees); see also Glynn v. Park Tower …