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… appeals from an August 14, 2023 order denying his motion to compel post-conviction discovery. We affirm. After defendant … trial counsel's opening statement prejudiced his right to a fair trial and appellate counsel failed to raise issues … trunk of the car. 5 A-4004-22 Prior to filing the motion to compel that is the subject of this appeal,1 defendant …
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… meeting the IAC standard by having "an impact on the outcome of [defendant's] sentencing." The judge explained … residence, "he denied that he had gone to the bank" to "commit[] a . . . robbery." The judge entered a memorializing … as a 'safety net' to [e]nsure that the litigant receives a fair hearing and to allow the trial to proceed without the …
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… plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the … aggravating factors (3) "[t]he risk that the defendant will commit another offense," (6) "[t]he extent of the … his guilty plea, resulting in the failure to present a comprehensive sentencing argument. He further asserted he …
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… of unused funds between the two accounts should one child complete education with a surplus and the other deplete his … Plaintiff opposed the request contending "this would not be fair to" their son because he "was able to preserve a … the 70/30 split, plaintiff asserted defendant's total income was $168,201.42, which represented 70% of their …
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… Yajaira Gomez-Pena appeals from an order dismissing her complaint with prejudice as against all defendants for … proceedings consistent with this opinion. I. We provide a fairly detailed history of the discovery process in the … 18, 2020, while plaintiff was operating her personal automobile and was involved in collision with a vehicle owned by …
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… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1414-24 VILLAS AT MANVILLE LLC, Plaintiff-Appellant, v. BROOKS … (2) breach of the implied covenant of good faith and fair dealing; and (3) common law fraud. Plaintiff’s lawsuit arose from defendant's …
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… . . does not include excusable neglect and hence does not encompass negligence or carelessness by the attorney or his … . . . He was not denied his day in court, and he received a fair hearing on the merits. . . . [N]o new circumstances or … or failed to appreciate the significance of probative, competent evidence. . . ." [Cummings, supra, 295 N.J. Super. …
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… attorneys; Mr. McMoran, of counsel and on the brief; Douglas S. Bramley, on the brief). PER CURIAM Defendant appeals the denial of its motion to dismiss the complaint pursuant to R. 4:6-2(e). Although the motion … and providers. 2 The remarks of the Law Division judge, fairly read, do not support the claims that the judge …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MIDDLESEX … REBECCA MCCULLOUGH, APPROVED FOR PUBLICATION April 2, 2019 COMMITTEE ON OPINIONS 2 Third Party Plaintiffs, v. TERESA … brief, namely that these conditions are "impractical" and unfair. Moreover, Ryan's counsel has met the burden, if it …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY UNION … are controlling. APPROVED FOR PUBLICATION March 8, 2019 COMMITTEE ON OPINIONS 2 On October 24, 2012, S.A. … Jail credits promote equal protection and fundamental 4 fairness by preventing the “double punishment” of indigent …
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… in light of the Supreme Court's decision in State v. Comer, 249 N.J. 359 (2022), which had not been decided at … Sexes, citing Appendix I-A of the New Jersey Court Rules. Lastly, the judge noted defendant failed to comply with the … Did Not Explicitly Find That the Aggregate Sentence Was Fair, Nor Did It Consider Defendant's Age in Imposing a …
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… P.C., attorneys for appellant (Joseph J. Bell and Brian C. Laskiewicz, on the briefs). Fisher & Phillips, LLP, … Joseph Blumert appeals from an order that dismissed his complaint and compelled arbitration of his claims against … (count four), breach of implied covenant of good faith and fair dealing (count five), common law wrongful …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … assessor to reasonably determine the property’s “full and fair value” based upon any information he or she has; and … that due process principles are offended.” Waterside Villas Holdings, L.L.C. v. Township of Monroe, 434 N.J. Super. …
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… * NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS … recording of the sale was entered on August 21, 2018. The last mortgage and tax escrow payments made by or on behalf … Id. at 13-14. Also, in Aperion Enters., Inc. v. Borough of Fair Lawn, 25 N.J. Tax 70 (Tax 2009), this court held that a …
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… terms of the Law Division's decision are set forth on the last two pages of the July 20, 2015 written decision. … on it; another was not labeled but was determined to have come from QuickChek. A QuickChek label was found in a … 214 N.J. 236, 252 (2013). "To advance the goal of providing fair and just criminal trials, we have adopted an open-file …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY MARY SIOBHAN … Boulevard, LLC (“Taxpayer”) is a Delaware limited liability company authorized to do business in New Jersey, which owns … the above settlement will result in an assessment at the fair assessable value of the property consistent with …
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… In rejecting the plea, defendant repeatedly and clearly communicated he understood the nature of the charges, … magnitude as to thwart the fundamental guarantee of [a] fair trial." State v. Castagna, 187 N.J. 293, 314-15 (2006) … mental condition if doing so is "critical" to making a competent strategy decision. State v. Savage, 120 N.J. 594, …
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… Ocean County, Docket No. FV-15-0545-22. Law Offices of Nicholas A. Moschella, Jr., LLC, attorneys for appellant … against medical advice. He texted his wife and asked her to come pick him up. She refused because defendant had numerous … on appeal: POINT I THE DEFENDANT WAS DENIED A FULL AND FAIR HEARING AND SHOULD BE AFFORDED A NEW TRIAL. 8 A-0737-21 …
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… was ineffective because counsel failed to "thoroughly and comprehensively review" the 3 A-3190-20 proposed plea … (3) "lied" to them about their cases; and (4) "failed to communicate plea and settlement offers" to other clients … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. …
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… Pursuant to the parties' plea agreement, the State recommended dismissing the remaining charges. During the plea … his behavior to his drug addiction. Consistent with the recommendations in the plea agreement, the judge sentenced … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." 466 U.S. at …