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… Indictment No. 10-02-0238 with third-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2, N.J.S.A. 2C:18-2 (count … he failed to: (1) inform him of the details of the State's last plea offer; (2) obtain a log book from a hospital where … against defendant, or that he could not handle the matter fairly. Appellate counsel did not err by failing to raise …
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… CABLE AMERICAN, INC., and NORTH AMERICAN CABLE EQUIPMENT COMPANY, INC., Defendants-Respondents, and RUSSIAN MEDIA … agreement." On March 30, 2012, District Judge Esther Salas issued an opinion denying plaintiff's motion. Judge … this court's ruling flies in [the] face of notice, fair play, and finality." However, given the nature of the …
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… of his person by three police officers, defendant filed complaints against the three officers (and, mistakenly, a … search he "used [defendant's] own pants" to grab a plastic bag of cocaine, so no part of defendant was exposed. … the uninvolved officer but wasn't permitted. The only fair way of examining defendant's overall conduct is to view …
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… ' property. We affirm. I. Plaintiff filed a negligence complaint alleging she suffered personal injuries when she … are bereft of merit. Proper jury charges are essential to a fair trial, Reynolds v. Gonzalez, 172 N.J. 266, 288 (2002), … for the charge. See Luchejko, 207 N.J. at 200-01. Plaintiff last argues that the court committed plain error by failing …
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… filing a late tort claim. We add the following additional comments. Our standard of review of an order granting or … circumstances" language to N.J.S.A. 59:8- 9, to replace a "fairly permissive standard" with a "more demanding" one in 7 … the plaintiff's medical condition and her attorney's shortcomings did not constitute extraordinary circumstances to …
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… a plea after sentencing must be substantiated by strong, compelling reasons." Id. at 160. "[T]he burden rests on the … defendant's seven-month license suspension was likely completed well before 2 We note that courts should … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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… granting summary judgment to defendants and dismissing its complaint with prejudice under the entire controversy … an interest to Church in purchasing the property. Church communicated Skolnik's interest to plaintiff. Thereafter, in … Underlying the doctrine "are the twin goals of ensuring fairness to parties and achieving economy of judicial …
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… inside of the home. An officer noticed defendant was becoming nervous and suspected he knew more than he was … the house and eventually found the mother's body in a plastic bag in the basement. Defendant was taken to police … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… and indicating that the remaining documents were forthcoming. On September 19, 2016, after L.K.'s representative … the AVS and violated state law by failing to assist L.K. in completing her Medicaid application. L.K. also contends that … Mayflower Sec. Co. v. Bureau of Sec. in Div. of Consumer Affairs of Dep't of Law & Pub. Safety, 64 N.J. 85, 93 (1973)). …
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… presented by plaintiff Gregory Gootee substantially complied with the requirements of the New Jersey Tort Claims … principles of law, we are satisfied plaintiff substantially complied with the requirements of the TCA, and we reverse. … "If deficiencies in the notice were uncovered, justice and fairness require plaintiff to be advised, not ignored." …
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… RONALD CARABELLO, Plaintiff-Appellant, v. JACKSON DAWSON COMMUNICATIONS, INC., and TRANSCEND CREATIVE GROUP, LLC, … "[t]hey were doing other details." As plaintiff moved the last of sixteen barrels off the forklift, he "felt a pop in … which to predicate a finding of knowledgeable consent or a fair inference that an employment relationship between those …
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… Submitted November 30, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from the Superior Court … pursuant to Rule 3:25-3, defendant moved to dismiss the complaints containing the charges that were later subsumed … most serious since it went to the question of fundamental fairness." Szima, supra, 70 N.J. at 201. "None of the Barker …
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… Submitted November 2, 2016 – Decided Before Judges Fuentes and Gooden Brown. On appeal from Superior Court of … THIS CASE WAS GROSSLY IMPROPER AND DEPRIVED DEFENDANT OF A FAIR TRIAL. (NOT RAISED BELOW). 1 The indictment alleged … that defendant employed "a screw and/or a shank" in the commission of the crimes, elevating the attempted escape and …
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… Submitted November 1, 2017 – Decided Before Judges Fuentes, Manahan and Suter. On appeal from Superior Court of … relative to our determination. Upon a report of citizen complaints that there was a dead body in defendant's … significant, it must undermine the fundamental fairness of the proceeding. Strickland, supra, 466 U.S. at …
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… to a new trial based upon newly discovered evidence. In a comprehensive oral opinion issued on January 8, 2016, Judge … the petition's procedural defects, "for purposes of completeness[,]" Judge Moynihan also addressed the merits of … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. That …
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… Submitted January 11, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from Superior Court of New … which charged her with first degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3a. In … whether the judicial system has provided the defendant with fair proceedings leading to a just outcome." Ibid. Although …
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… got something out of his Yukon and motioned for Merrill to come with him into the porch. There, [defendant] gave … 30, 2016 written opinion, to which we add the following comments. The standard for determining whether counsel's … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… The law provides that a person is guilty of an attempt to commit a crime if the person purposely does anything … step in the course of conduct planned to culminate in the commission of the crime. . . . . The substantial step taken … OR DEBAUCH THE CHILD'S MORALS, DEPRIVING DEFENDANT OF A FAIR TRIAL (not raised below). POINT II. THE STATE FAILED TO …
njcourts.gov
… approvals. Plaintiff responded that the project was already completed, and demanded a release of the performance bond it posted to ensure completion. To resolve the matter, plaintiff submitted an … 223 (2011)). Courts should read contracts "as a whole in a fair and common sense manner," and enforce them "based on …
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… counsel that deprived him of his constitutional right to a fair trial. We disagree and affirm. Defendant was convicted … in retaliation for defendant's filing of a harassment complaint against an officer. According to defendant, while … opportunity to assess the credibility of the witnesses. Lastly, the PCR judge rejected defendant's claim that …