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… in 1995, and charged with second-degree conspiracy to commit murder, in violation of N.J.S.A. 2C:5-2 and N.J.S.A. … credit awarded for service on the VOP should have been classified as jail credits instead. He argued that when this … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… previously entered by another judge (the first judge), compelling plaintiff Kara Peck to pay frivolous-litigation … particularly in . . . straightforward . . . matter[s][.]" Glass v. Suburban Restoration Co., Inc., 317 N.J. Super. 574, … on appeal that that procedure was improper. Defendant had fair opportunity to address the grounds—and so did—so there …
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… Atkins Media II, LLC, is a Delaware limited liability company, that operates an outdoor advertising business. … Val] will be deemed to have consented to such assignment." Lastly, the parties' agreement excluded certain transactions … of the sublease that are not in keeping with the spirit of fairness, reciprocity and equity. 6 A-4348-18T1 Del Val …
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… well as count one of Indictment No. 14-06-0549. The State recommended a sentence of fourteen 3 A-1955-17T2 years in … apply because 1 N.J.S.A. 2C:43-7.2. 4 A-1955-17T2 when he committed the robbery, he was in possession of a toy gun, … errors were so serious as to deprive defendant of a fair trial, a trial whose result is reliable." Id. at 687. …
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… Argued October 31, 2018 – Decided Before Judges Fuentes, Accurso and Moynihan. On appeal from the Superior … and reserved decision. In an order dated August 28, 2017, accompanied by a Statement of Reasons, the court granted … considerations this court endorsed in Konczyk to reach a fair, legally correct outcome. After a careful review of the …
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… other officers began to arrive at the scene. Prior to completing the summons, a canine unit appeared and began a … A-5292-18T1 229 N.J. 521, 532 (2017). "To be lawful, an automobile stop 'must be based on reasonable and articulable … safety as the ordinary inquiries, a dog sniff is not fairly characterized as part of the officer's traffic …
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… If you need more pictures[,] your (sic) more then (sic) welcome to contact me. 3 A-3692-18T4 Plaintiff also attached … of her injured foot and the pothole. Plaintiff included a comment with the pothole photograph that stated: "These are … "If deficiencies in the notice were uncovered, justice and fairness 11 A-3692-18T4 require plaintiff to be advised, not …
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… by just methadone or benzodiazepines because there is "a fair amount of overlap" between the symptoms caused by each … be adopted. The Division, thereafter, filed a guardianship complaint, and the court terminated this Title 9 matter. II. … condition has been impaired or is in imminent danger of becoming impaired as the result of the failure of his parent …
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… A Report And Consulted With Trial Counsel Prior To The Commencement Of [Defendant's] Trial. experts too, such as a … time and manner of death were at issue—denied defendant a fair trial. 3 We do point out, however, that in our previous … hire an expert not routinely used by the [OPD] should be accompanied by a copy of the expert's curriculum vita[e]." …
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… On appeal, he argues: POINT I THE PURPOSE OF THE CLASSIFICATION PROCESS, I.E., SECURITY, AND THE BLIND … OF THE E-1 APPLICATION IN THIS CASE IS ARBITRARY AND UNFAIR. A. APPELLANT'S STANDARDIZED OBJECTIVE ASSESSMENT … were dismissed. Appellant was initially eligible for recommendation for placement into "minimum" custody status …
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… the land between those homes. All four proposed lots would comply with the dimensional requirements of the zoning district, and plaintiff agreed to comply with all technical conditions imposed by the Board's … 407, 414 (App. Div. 1987) (quoting Cohen v. Borough of Fair Lawn, 85 N.J. Super. 234, 237 (App. Div. 1964); quoting …
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… THAT ADDITIONAL REVIEW OF THE STATE'S FILE WAS NECESSARY TO COMPLETE HIS INVESTIGATION. 3 A-0220-18T3 POINT III THE PCR … review by the expert he retained for the PCR proceedings. Lastly, defendant contended trial counsel's cumulative errors denied him a right to a fair trial. The PCR judge, who was also the trial judge, …
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… the Board of Review (Board). The Board found that Wilhelm committed fraud by willfully misrepresenting her earnings … she was claiming benefits, and if yes, to identify the income and hours worked. Wilhelm testified that she was … on the agency's review of a written record). Instead, in fairness, those documents should be considered by the same …
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… threatened to "throw her body in the river" if she did not comply. He also bit the victim's breasts and penetrated her … and declined to provide a buccal swab for possible DNA comparison. Therefore, the detectives terminated the … also that the deficiency prejudiced his or her right to a fair trial. Strickland v. Washington, 466 U.S. at 687; State …
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… disability retirement benefits, determining he was still commuting when he was injured. In doing so, the Board … decision is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., 431 … distributing media material prior to the official start of classes. Id. at 571. The Court found that since Kasper had …
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… there was a genuine factual dispute about Robinson's competency to operate a golf cart, we reverse the summary … played approximately sixty rounds of golf per year over the last thirty-five years. Robinson – Capavanni's then … principles but by "considerations of foreseeability and fairness." Carter Lincoln-Mercury v. EMAR Group, 135 N.J. …
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… in 1999 by enacting the Electric Discount and Energy Competition Act (EDECA). L. 1999, c. 23 (eff. Feb. 9, 1999). … sold in New Jersey by every TPS and BGSP had to come from Class I renewable energy sources, such as solar, with … process may result in a denial of 'fundamental procedural fairness.'" Id. at 333 (quoting In re Arndt, 67 N.J. 432, …
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… symptoms." On October 24, 2016, plaintiff filed a complaint against the Borough of Glen Ridge, Sheila … to settle and release plaintiff's claims arising out of his complaint. The agreement states, in pertinent part: 4. … interpretation is to read the document as a whole in a fair and common sense manner." Hardy ex rel. Dowdell v. …
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… summary judgment and dismissing her personal injury complaint against defendant City of Newark (City). … City, 243 N.J. 175, 184 (2020) (citation omitted); Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … 'palpably unreasonable.'" Ibid. The Court explained, It is fair to say that in view of the County's considerable …
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… and Haas. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-739. Carl N. Tripician argued … General, attorney for respondent New Jersey Civil Service Commission (Debra A. Allen, Deputy Attorney General, on the … it is arbitrary, capricious, or unreasonable or it lacks fair support in the record as a whole. Id. at 579-80. A …