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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 …
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njcourts.gov
… counsel. Lucianna certified that there had been "a complete breakdown of the attorney-client relationship" that … June 23, 2014 trial date because he had other professional commitments. Consequently, Ashley requested the trial court … history, the panel found that defendant had been given a fair opportunity to select counsel of his choice and had not …
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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, …
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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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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 …
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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 …
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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 & …
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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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… an order dated July 11, 2017, denying the motion. In an accompanying letter opinion, the court noted that defendant … no presumptive sentence for murder at the time defendant committed that offense. Caraballo, No. A-2655-03, slip op. … "restricted to its traditional due process roots" of fair warning, and it is not based on the ex post facto …
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njcourts.gov
… and Firko. On appeal from the New Jersey Department of Community Affairs, Complaint No. 17-013. Esther Milsted, appellant pro se. …
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njcourts.gov
… ELECTRONIC REGISTRATION SYSTEM, INC., A NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC., Defendants. … she argues that she was denied due process and fundamental fairness when she was precluded from completing discovery. … Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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njcourts.gov
… judge's failure to consider whether the agreement was "fair and just," and the judge reaching the conclusion that … investment manager at Morgan Stanley," and since 2015, his compensation that was primarily paid through bonuses had … to defendant, after deducting these payments, his net income for 2017 was $34,650.26. He also revealed that he had …