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njcourts.gov
… 2015. In May 2016, petitioner saw David Markowitz, M.D., complaining of pain in his left wrist radiating into his fingers and up his left arm. Dr. Markowitz recommended an orthopedic follow-up. In July 2016, Jonas … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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njcourts.gov
… 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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njcourts.gov
… have supported an actual duress defense, and failing to communicate with him adequately, all of which led to an … REGARDING A DURESS DEFENSE, WHICH LED TO A FUNDAMENTALLY UNFAIR TRIAL. POINT II THIS MATTER MUST BE REMANDED FOR … bald assertions do not support PCR relief. III Defendant's last claim is "that counsel was ineffective for failing to …
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njcourts.gov
… and the trial judge made errors that denied defendant a fair trial. The PCR judge, who was not the trial judge, … to drive; S.C. was highly intoxicated and making suicidal comments when the officers arrived.1 Solari, slip op. at 6. … the prosecutor, defendant failed to shoulder this burden. Lastly, as noted, defendant never asserted an IAC claim in …
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njcourts.gov
… September 18, 2019 – Decided October 4, 2019 Before Judges Fuentes, Haas and Mayer. On appeal from the New Jersey … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2011-17344. Joseph Michael … to speak ex parte with Dr. Grob. In the interests of fairness to all parties, the judge permitted petitioner's …
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njcourts.gov
… scheduling of all high school . . . intramural and interscholastic athletic events including facilities usage" and … with a concussion.3 In June 2017, plaintiff filed a complaint against defendants alleging negligence (count one) … with the nature of risk, foreseeability of injury, and fairness in the circumstances. [Id. at 374.] We made clear …
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njcourts.gov
… Resubmitted October 13, 2020 – Decided Before Judges Fuentes, Mayer and Enright. On appeal from the Superior … State argued that on December 12, 2016, the time defendant committed this infraction, the mandatory sentencing … judge's misconduct and bias against defendant tainted the fairness of the proceedings. We reject this argument and …
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njcourts.gov
… of his PCR petition without prejudice pending the outcome of his motion for a stay of the petition for a writ of … Amendment to the United States constitution and New Jersey common law unless he or she is first advised of the pending … APPELLANT'S CLAIMS UNDER THE DOCTRINE OF FUNDAMENTAL FAIRNESS. POINT II THE PCR COURT'S RULING WAS ERRONEOUS WHEN …
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njcourts.gov
… 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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njcourts.gov
… for respondents Stipe I. Glavan and Carla F. Glavan (Douglas M. Barnett, on the brief). NOT FOR PUBLICATION WITHOUT … material fact and not simply one 'of an insubstantial 2 To comport with our style conventions, we have altered the … for emergency use, not ordinary travel . . . . It is fair to say that in view of the County's considerable …
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njcourts.gov
… the decision of the Department of Corrections Office of Community Programs (OCP) denying his release to a … justice. He is now forty-two years old. The Institutional Classification Committee (ICC) approved Moore for full … F.2d 1260, 1265 (7th Cir. 1985)). "[I]t is a fundamental of fair play that an administrative judgment express a reasoned …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… Emeka Nkwuo argued the cause for appellant (Lomurro Munson, Comer, Brown & Schottland LLC, attorneys; Christina … 3 A-3910-18T2 assessments and penalties. She successfully completed all court-ordered requirements and her case was … that a person facing a criminal charge is entitled to 'fair warning . . . of what the law intends to do if a …
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njcourts.gov
… 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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njcourts.gov
… but also that the deficiency prejudiced his right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 … PCR court found defendant's witnesses would not have overcome the strength of the eyewitness identification, and …
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njcourts.gov
… 2014, claimant applied for and received unemployment compensation benefits, which she collected until June 2015. … her claim within "[thirty] 3 A-0194-18T4 days after the commencement of the period of disability" as prescribed in … for disability benefits "was unreasonable and lacked fair support in the record." Id. at 7. More specifically, we …