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njcourts.gov
… On appeal from the New Jersey Public Employment Relations Commission, Agency Docket No. DA-2016-004. Fusco & Macaluso … General Counsel, New Jersey Public Employment Relations Commission attorney for respondent New Jersey Public … all the circumstances, as to be shocking to one's sense of fairness." In re Polk License Revocation, 90 N.J. 550, 578 …
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njcourts.gov
… stiff and she experienced pain on her left side. Plaintiff commenced six months of chiropractic care. Next, she began … of permanent injury, a requirement set forth in the Automobile Insurance Cost Reduction Act of 1998, N.J.S.A. … charge is accurate and 10 A-1722-15T3 in no way altered the fairness of plaintiff's trial. See Berberian v. Lynn, 335 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… photograph he selected was . . . in fact, the person who committed the crime. The judge also tailored that part of … "Appropriate and proper jury charges are essential to a fair trial." State v. Baum, 224 N.J. 147, 158-59 (2016) … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). As directed by the Court, …
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njcourts.gov
… returns which show a consistent decline in plaintiff's income from the time of inception of support to the present. … and his child support obligation for 3 A-1836-15T2 the last remaining unemancipated child to $614.90 per month. The … compel discovery; and (9) any other factor bearing on the fairness of an award. [See also Mani v. Mani, 183 N.J. 70, …
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njcourts.gov
… dismissal of the remaining charges, the State agreed to recommend a five-year term of imprisonment with a mandatory … without a warrant, it is presumed facially invalid; to overcome this presumption, the State must show that the search … Ibid. Our Court has held a call placed to 9-1-1 "carries a fair degree of reliability" as it is a crime to make a false …
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njcourts.gov
… from a final administrative determination by the Assistant Commissioner of the Division of Child Protection and … to support the factual findings made by the Assistant Commissioner. I. A.I. lived with his wife and five sons, … capricious, or unreasonable, or 7 A-4838-14T4 that it lacks fair support in the record" we are obliged to provide a …
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njcourts.gov
… contract. Following the opening of the bids, an Evaluation Committee reviewed the bid packages to determine the "lowest … dated October 6, 2016, Wakefield stated the Evaluation Committee determined there were a number of "ambiguities" in … working with 32BJ as part of the movement to create a more fair and just city." In support of this claim, USI submits a …
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njcourts.gov
… raises the following arguments: POINT I THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING TO ISSUE THE REQUESTED … PROVE THE ["]CERTAIN PERSONS["] OFFENSE DEPRIVED HIM OF A FAIR TRIAL. (Not raised below) POINT V THE PROSECUTOR COMMITTED MISCONDUCT WHEN PROVIDING THE JURY WITH HIS …
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njcourts.gov
… defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability … of eighteen months based upon the guilty plea did not become more burdensome after the plea. See Collins v. … must advise a client or defendant that if he or she commits future criminal offenses that there may be adverse …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 – …