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… Gutierrez, an attorney with the American Friends Service Committee (AFSC), advised defendant to petition for PCR. … deported" because of his guilty plea, is consistent with a fair reading of defendant's certification that he believed, … remain mindful that the PCR petition represents defendant's last opportunity to address a potential …
njcourts.gov
… A-5148-18 I. In 1994, defendant was indicted in a two-count complaint for second- degree sexual assault, N.J.S.A. … a three-year term of imprisonment. He was also ordered to comply with all registration requirements under Megan's Law, … "errors were so serious as to deprive the defendant of a fair trial." Strickland v. Washington, 466 U.S. 668, 687 …
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… Anthony C. Certo's limited duration alimony obligation and compel defendant to pay child support arrears. After … divorce (JOD) dated February 28, 2006, which incorporated a comprehensive property settlement agreement (PSA) dated … 4 A-2004-18T2 modification, regardless of a change in income, unless defendant lost his job. Plaintiff later …
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… Paul, founded Magnetic Products & Services, Inc. (MPS). The company distributes a groundbreaking portable lightweight … was initiated in federal court but stayed pending the outcome of the state case. The named plaintiff alleged … at trial. Barbara did not believe the settlement terms were fair. She further objected to the fact that Napolitano did …
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… Okay. A. Yes. Yes. Expert testimony is required "to explain complex matters that would fall beyond the ken of the … document would not interfere with her ability to render a fair and impartial verdict. The foreperson did not think the … was not "shock[ing] [to] the judicial conscience." State v. Fuentes, 217 N.J. 57, 70 (2014) (quoting State v. Roth, 95 …
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… others were indicted in connection with a double homicide committed inside defendant's residence.1 The indictment … murder, first-degree kidnapping, first-degree conspiracy to commit murder/kidnapping, and third-degree hindering … errors were so serious as to deprive the defendant of a fair trial, 6 A-4979-17T4 a trial whose result is reliable." …
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… State v. Nyhammer, 197 N.J. 383 (2009), noting "no criminal complaint or arrest warrant was issued against [d]efendant" … ninth-grade education and had attended "special education" classes, offering he had trouble reading. However, in spite … "errors were so serious as to deprive the defendant of a fair trial . . . ." Strickland, 466 U.S. at 687; see Fritz, …
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… abuse scenario and closure"), and the [Child Sexual Abuse Accommodation Syndrome] CSAAS . . . . She explained that it is … EXISTS A REASONABLE LIKELIHOOD THAT DEFENDANT RECEIVED AN UNFAIR TRIAL. "Post-conviction relief is New Jersey's analogue … The process affords an adjudged criminal defendant a "last chance to challenge the 'fairness and reliability of a …
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… 7:14A-1.2. A minor facility is a facility that is not classified as a major facility. Ibid. The RT Authority, which … other permit holders. The report was then opened to public comment, and DEP held a public hearing on the report on May … that it is entitled to a hearing as a matter of fundamental fairness and administrative due process. We disagree. When …
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… Judges Messano and Suter. On appeal from the New Jersey Commissioner of Education, Docket No. 142-6/19. Michael I. … (the BOE) appeals the August 6, 2019 Final Decision of the Commissioner of the New Jersey Department of Education … capricious, or 8 A-5687-18 unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… a chair at work. Petitioner contends the latter injury, combined with deficits from his prior injury, rendered him … can continue to work in some other capacity." Ibid. By comparison, to qualify for ordinary disability retirement … decision is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., Police …
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… adult criminal record, having just turned eighteen when he committed these crimes. Defendant also argued that his trial … a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. "[A] court making the … test. To be sure, "[c]orrect charges are essential for a fair trial," State v. Martin, 119 N.J. 2, 15 (1990), but we …
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… and "also inconsistent with his behavior." Considering his comportment, the judge "[did] not deem his testimony to be … discussion in a written opinion. R. 2:11-3(e)(1)(E). Lastly, we address defendant's argument that the trial judge … Robinson, 200 N.J. 1, 20 (2009) ("There is an instinct of fairness due both the trial judge . . . and a litigant's …
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… file sharing network allows an individual with a computer to send files to and receive files from other … and does not shock the judicial conscience. State v. Fuentes, 217 N.J. 57, 70 (2014). Even if, for the sake of … of reoffending) does apply, the sentence is nonetheless fair and not an abuse of discretion. The PSL condition …
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… Plaintiff-Appellant, v. ALLSTATE NEW JERSEY INSURANCE COMPANY, Defendant-Respondent. __________________________ … arises from plaintiff's challenge to defendant insurance company's denial of coverage relating to a claim under a … end that coverage is afforded 'to the full extent that any fair interpre tation will allow.'" Id. at 482 (quoting Danek …
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… the State agreeing to dismiss all remaining charges and recommend that defendant be sentenced as a second-degree … defect in performance prejudiced defendants' rights to a fair trial such that there exists "a reasonable probability … while she was ultimately sentenced to only eight years. Lastly, defendant contends that trial counsel's failure to …
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… in her favor. In December 2017, plaintiff filed a verified complaint and order to show cause seeking to set aside the … therein, no undue influence used, and that all was fair, open and voluntary, but that it was well understood.'" … the 2 We note that plaintiff's testimony about her last will was quite sketchy and lacking in any detail. The …
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… while he was represented by Sanzone. The offer was to encompass the four pending indictments against defendant. … had previously extended a ten-year offer. She believed the last offer was thirteen years subject to NERA to resolve all … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… February 28, 2020 2 A-3241-18T1 dismissing plaintiff's complaint which alleged that the County violated the New … Conley v. Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … (1) "[T]he harm ultimately caused was foreseeable and fairly direct;" (2) a state actor acted with a degree of …
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… March 25, 20201 – Decided April 13, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the Superior … an arbitration award and March 1 and March 8, 2019 orders compelling re-arbitration. We reverse the orders compelling … contract, breach of the implied covenant of good faith and fair dealing, lost profits, and unjust enrichment. Litana …