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… Cantrel C. Sparks guilty of third- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2a (count two); NOT FOR … points for our consideration: POINT I THE TRIAL COURT'S INCOMPLETE INSTRUCTIONS ON POSSESSION OF A WEAPON FOR AN … UNLAWFUL POSSESSION OF A WEAPON DEPRIVED THE DEFENDANT OF A FAIR TRIAL DUE TO THE COURT'S FAILURE TO DEFINE …
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… granting a directed verdict to defendant Henkels 1 The complaint contained a per quod claim by plaintiff's wife … Boulevard, at that time? A. I believe there were other companies as well. Q. And do other companies - - is it … other companies use this type of windjammer sign? Is that a fairly common sign? A. Yes. It's . . . a common sign. . . . …
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… and put him on the couch. They did not mention the police coming to the Brick residence. When the young men woke up … filing a civil suit until the criminal investigation was completed. That investigation concluded on November 15, … to "raise the bar for the filing of late notice from a 'fairly permissive standard' to a 'more demanding' one." …
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… PRECLUDED DEFENDANT FROM ELICITING TESTIMONY ABOUT THE COMPLAINING WITNESS'S DISMISSED CHARGES AND INADEQUATELY … OF HIS RIGHTS TO CONFRONTATION, DUE PROCESS, AND A FAIR TRIAL. A. The Trial Court Improperly Precluded … to give testimony in exchange for dismissal of the charges. Lastly, on this record, if there was error in precluding …
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… April 11, 2018 – Decided August 31, 2018 Before Judges Fuentes, Manahan and Suter. On appeal from Superior Court of … driver's license had been suspended by the Motor Vehicle Commission (MVC) as a sanction, as opposed to a suspension … vague as applied to these facts because it does not give fair warning to those whose driver's licenses are …
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… Kelly and Kelly's Tavern, dismissing with prejudice her complaint seeking damages arising out of injuries she … of the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, N.J.S.A. 2A:22A-1 to -7 (Dram Shop Act). … employing the same standard used by the trial court. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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… he was incarcerated, which resulted in elimination of the community service requirement and dismissal of one of the … point headings for our consideration: POINT I THE COURT COMMITTED HARMFUL ERROR IN RULING THAT THE FACTUAL BASIS FOR … but also that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 …
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… to reverse and remand this case for the trial court to complete a thorough analysis and balance of the factors that … He's presumed innocent, but he has been proceeding the last three years under the weight of this indictment and the … most serious since it [goes] to the question of fundamental fairness." Szima, 70 N.J. at 201. The trial court found "the …
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… Permanency (the Division) must prove by a preponderance of "competent, material and relevant evidence," N.J.S.A. … room." Linda told Sgt. Worrick that Debra "smashed a glass vase onto the floor" then "grabbed [Beth] by the throat … for the police, Linda asserted Debra had "consumed a fair amount of liquor" and attacked Beth because she felt …
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… litigant in no way relieve[d] [him] of [his] obligation to comply with . . . court rules . . . ." Venner v. Allstate, … adherence to substantive legal or procedural rules, strict compliance "may not be pursued at the expense of the failure … secure a just determination, simplicity in procedure, and fairness in administration). It remains "fundamental that …
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… to Animals (NJSPCA), argues that it should be exempt from complying with OPRA requests because it does not receive … function, we conclude that it is subject to OPRA, and must comply with requests made under the Act. It is the province … and serves to "maximize public knowledge about public affairs in order to ensure an informed citizenry and to …
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… Because defendant was a juvenile when the offenses were committed, jurisdiction of his delinquency charges was … that they're entitled to make offers they believe [are] fair. This is clearly one of those that falls within their … we defer to the sentencing court's determination, State v. Fuentes, 217 N.J. 57, 70 (2014), and do not substitute our …
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… F. Rodriguez appeals from summary judgment dismissing his complaint against defendant Hartz Metro Fee II, LLC, the … staffing agency not send plaintiff to the warehouse if the company was unhappy with plaintiff's performance. The … loading dock. Although describing the ramp to be in fair condition and its slope of seven degrees consistent …
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… answer and entering default against it because it failed to comply with a November 15, 2019 order relieving its attorney … of defendant's answer and further proceedings. In its complaint, plaintiff Distinct Engineering Solutions, Inc. … 154, 168 (App. Div. 2012) (quoting R. 4:43-1). The Rule "is fairly read to authorize default only when the . . . order …
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… is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, … 80, 99 (App. Div. 2015) (quoting In re Election Law Enf't Comm'n Advisory Op. No. 01-2008, 201 N.J. 254, 262 (2010)). … performed by teacher's aides in general education classrooms. She also argues the Board erred by adopting the …
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… Law Division denying its motion to dismiss the third-party complaint of defendant/third-party plaintiff Brian Chabarek, … an employee of defendant Borough of Highlands, filed a complaint in the Law Division against the borough and three … A party "cannot be required to arbitrate when it cannot fairly be ascertained from the contract's language that she …
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… 7:14A-3.1(b)(3). The DEP is required to hold a hearing for comments 1 The RT Authority has appealed the final NJPDES … other permit holders. The report was then opened to public comment, and the DEP held a public hearing on the report on … 364 (1982)). This power is "limited by considerations of fairness and reasonableness." Ibid. (citing Trantino, 89 …
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… bullets. Defendant asked Hearn to drive him to an apartment complex where his brother lived on Locust Avenue in Red … and Figueras testified that right after they heard the last gunshot, defendant came hurrying toward them, red in … vouching. Second, defendant argued defendant's right to a fair trial was violated when a State witness testified that …
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… THE STATE OF NEW JERSEY, ROBERT WOOD JOHNSON HOSPITAL, COMMUNITY MEDICAL CENTER, RUTGERS BIOMEDICAL AND HEALTH … son passed "or who exactly had been providing care in the last few weeks" prior to his death. After his passing, … chose to "raise the bar" "from what was previously a fairly permissive standard to a more demanding one." …
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… written opinion. We add only the following comments. We discern the following facts from the record. … and N.J.S.A. 2C:15-1, and second- degree conspiracy to commit kidnapping, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:13- 1(b). … than ten years. A defendant's Sixth Amendment right to a fair trial extends to the plea-bargaining process and "an …