default
… the motion judge reasonably understood defendant was complaining about cost - of-living adjustments (COLAs) and because he did not abuse his discretion in finding … REMAINS IN DEFAULT SINCE JANUARY 2020, IT WOULD BE NEITHER FAIR, EQUITABLE NOR JUST TO ARBITRARILY ENFORCE THE PARTIES …
default
… a/k/a ALAN EAFORD, LESHAUN A. EAFORD, LESHAUN EFORD, LASHAWN S. EAFORD, and BILL EAFORD, Defendant-Appellant. … and the "prejudice created by the resulting failure to communicate the State's final plea offer" was not previously … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. A …
default
… PER CURIAM This appeal arises from a dispute concerning a commercial lease between plaintiff-landlord Ivy 100 Rand … into a five-year lease agreement with WCA 100, LLC to rent commercial premises in Somerset (the rental premises). … Agreement was appropriate. Accordingly, "concerns of fairness weigh against an application of the entire …
njcourts.gov
… later found at the scene of defendant's arrest was compatible with the murder weapon. As Talley drove away, he picked up a spent shell casing in the passenger compartment and handed it to defendant. Talley drove to a … fell outside professional norms and deprived defendant of a fair trial. Strickland v. Washington, 466 U.S. 668, 687- 88 …
njcourts.gov
… N.J.S.A. 2C:11-3(a)(1) and (2); first-degree conspiracy to commit murder, N.J.S.A. 2C:11-3(a)(1) and (2) and N.J.S.A. … denial of his motion to withdraw and whether defendant was competent to plead guilty. The State filed a motion for … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
njcourts.gov
… Infotech Limited, Inc.'s motion to dismiss plaintiff's complaint with prejudice pursuant to Rule 4:23-5(a)(2). We … terminating the agreement. In July 2018, plaintiff filed a complaint against defendant for breach of contract; breach of the covenant of good faith and fair dealing; and promissory estoppel. In August 2018, …
njcourts.gov
… expert testimony concerning the Child Sexual Abuse Accommodation Syndrome (CSAAS). Defendant elected not to … also sentenced to parole supervision for life, required to comply with registration and reporting restrictions as … errors can merit reversal when they "cast[] doubt on the fairness of defendant's trial and on the propriety of the …
njcourts.gov
… bright-line try-or-dismiss rule," instead continuing its commitment to a "case- by-case analysis," under the Barker … most serious since it [goes] to the question of fundamental fairness." Szima, 70 N.J. at 201. We further note … of justice[,] dismissal must be a recourse of last resort." State v. Prickett, 240 N.J. Super. 139, 147 …
njcourts.gov
… not the result of pre-existing disease alone or in combination with the work, has 4 A-5039-18 occurred and … suspect would not qualify because “work effort, alone or in combination with pre-existing disease, was the cause of the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
njcourts.gov
… Indictment No. 08-10-0407 to third-degree conspiracy to commit burglary and a petty disorderly persons offense, and … 1 For ease of reference we refer only to the last three digits of the indictment numbers. 2 The record … prejudiced the defense such as to deprive defendant of a fair and reliable outcome. Strickland, 466 U.S. at 687. To …
default
… Defendant contends the trial judge erred by finding that he committed a predicate domestic violence offense and that an … "already waiting for [her]" when she arrived "home from a class." Plaintiff recounted that defendant started "calling … rules where it sees fit in the interests of justice and fairness. The Appellate Division determined that a . . . …
default
… 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]." …
njcourts.gov
… for the reasons set forth in Judge Michael J. Donohue's comprehensive written opinion dated October 17, 2019. Judge … In exchange for his guilty plea, the State agreed to recommend that defendant be sentenced in the third-degree … OF THE ERRORS COMPLAINED OF RENDERED THE PROCEEDINGS UNFAIR. POINT II THE LOWER COURT ERRED IN DENYING …
default
… June 13, 2022 APPELLATE DIVISION A-0912-20 2 In this automobile-accident case, plaintiff Juan J. Barron appeals from an order granting defendants' motion to dismiss the complaint with prejudice for failure to file it within two … legal determinations when no issue of fact exists. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
default
… Jablonski's well-reasoned decision. We add the following comments. The original complaint in this matter was filed in … following defenses: (1) plaintiff did not comply with the Fair Foreclosure Act, N.J.S.A. 2A:50-56(c), (2) plaintiff's … to the trial judge's conclusions on issues of law. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). 10 A-3280-20 Bank, …
default
… DOCKET NO. A-0340-20 ATHENE ANNUITY & LIFE ASSURANCE COMPANY, Plaintiff-Respondent, v. SERGIO HENRIQUES CUNHA, … argues that service of the NOI did not comply with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68, and service … is not "void" within the meaning of Rule 4:50-1(d). Ibid. Lastly, Rule 4:50-1(f) permits the vacating of a judgment …
njcourts.gov
… the reasons set forth by Judge Jonathan W. Romankow in his comprehensive fifty- eight-page written decision. We briefly … the hours after the shooting, defendant posted a photo with commentary on social media. He also posted a video of … errors are sufficiently serious to deny [a defendant] "a fair trial." The prejudice standard is met if there is "a …
njcourts.gov
… forth at length in the PCR judge's written decision that accompanied the order under review. In June 2018, during the … immigration consequences was during sentencing was "false." Lastly, the PCR judge rejected defendant's contention that … but also that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; Fritz, 105 N.J. at …
njcourts.gov
… as to when someone could get back to me to discuss, or come out to inspect. At this time, I would like to request a … according to the prequal[ification] needed to be done, completed. When LaBella presented McDonough with photographs … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Id. at 27-28. "Deference …
njcourts.gov
… robbery, N.J.S.A. 2C:15; second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2; and fourth-degree hindering … the No Early Release Act[2] for a plea to a conspiracy to commit robbery." The court found because "defendant did not … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a …