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- A-5329-16T2 Opinionnjcourts.gov… after entering a conditional guilty plea to driving while under the influence (DWI), N.J.S.A. 39:4-50. As a result, … during oral argument, the judge acknowledged "a level of discomfort . . . with regard to the delay occasioned in the . . … most serious since it [goes] to the question of fundamental fairness[,]" Szima, 70 N.J. at 201, "proof of actual trial …
- A-4565-17T1 Opinionnjcourts.gov… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-4565-17T1 FUTURE CARE CONSULTANTS, LLC, Plaintiff-Appellant/ … entered on April 26, 2018, and May 9, 2018, dismissing the complaint and counterclaim with prejudice. We affirm for the … of processing her mother's bills, and set forth remedies in case of a default of that obligation." Id. at …
- A-2604-17T2 Opinionnjcourts.gov… prerogative writs action. The material facts are largely undisputed. Plaintiff owns approximately … wholesale or storage establishments; research laboratories; computer centers; and general business and professional … omitted) (first citing Smart SMR of N.Y., Inc. v. Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998); then …
- A-5176-17T4 Opinionnjcourts.gov… third-degree unlawful possession of a weapon, based on a recommended sentence of imprisonment for three years with … jumping is an offense that results in mandatory deportation under the United States Immigration Code, 8 U.S.C.S. … has recognized a defendant's Sixth Amendment right to 'a fair opportunity to secure counsel of his own choice.'" …
- A-4241-17T1 Opinionnjcourts.gov… department, was patrolling the Asbury Park Garden Apartment Complex. Sergeant Pettway testified at a pretrial … without violating N.J.S.A. 2C:29–1."3 That statute embodies the 3 The obstruction statute reads: Obstructing … although improvident, does not undermine the overall fairness or integrity of the sentence. The sentence does not …
- A-1075-18T2 Opinionnjcourts.gov… characterized the parking of automobiles as a permitted use under then-current zoning regulations, subject only to … favorable action on a variance application was only a recommendation to the municipal governing body for approval. … apply "where the interests of justice, morality and common fairness clearly dictate that course." 21 A-1075-18T2 …
- A-1596-18T4 Opinionnjcourts.gov… to report an active domestic dispute at an apartment complex in the borough where a male individual, later … "testified credibly" and whose "testimony was . . . not refuted." The court first found that Steven, a "medically … demonstrative proof, assuming it is relevant, N.J.R.E. 401; fairly and accurately depicts the subject matter at the time …
- A-0681-18 Opinionnjcourts.gov… PERSON BY PLAYING A VIDEOTAPE DEPICTING A YOUNG CHILD AROUND PITBULLS, WHICH THE STATE HAD PREVIOUSLY AGREED TO OMIT … what we call, clear baggies or transparent baggies and they come smaller than this and this might be the next size up. 6 … Ibid. (alteration in original) (quoting State v. Fair, 45 N.J. 77, 86 (1965)). The Court has "recognized the …
- A-1146-20 Opinionnjcourts.gov… him residential custody of the older son and that the court compel the parties to attend mediation to address college … that he would pick up the younger son on Friday evenings around 6 p.m., either from plaintiff's home or the younger … prior court order. . . . [A]ny other factor bearing on the fairness of the award. The Court finds, based on the record …
- A-5030-18 Opinionnjcourts.gov… opinions offered in this case stayed within permissible bounds. Thus, we affirm defendant’s convictions. We derive the … discovery. The court denied the motion. The three-day trial commenced on August 1, 2017. Aside from determining whether … that errors were 'clear' or 'obvious.' Indeed, '[i]t [is] fair to infer from the failure to object below that in the …
- A-1303-20 Opinionnjcourts.gov… Union and two (2) employees representing the Township shall comprise the safety and health committee. The Township 3 … as have heretofore been adopted or as may in the future be duly adopted. Therefore, according to the terms of … that when a controversy between parties is once fairly litigated and determined it is no longer open to …
- A-1929-20 Opinionnjcourts.gov… property. He opined that the proposed home fit in with the common development scheme in the surrounding neighborhood. … for the 1986 minor subdivision did not restrict any future development of the property. If Bernard . . . or the … Medici v. BPR Co., 107 N.J. 1, 15 (1987)). "[P]ublic bodies, because of their peculiar knowledge of local …
- A-3230-19 Opinionnjcourts.gov… DIVISION DOCKET NO. A-3230-19 IN THE MATTER OF THE CIVIL COMMITMENT OF R.H. ________________________ Argued October … of D.M., 285 N.J. Super. 481, 486 (App. Div. 1995) (quoting Fair Oaks Hosp. v. Pocrass, 266 N.J. Super. 140, 149 (Law … harm or death will result within the reasonably foreseeable future. [N.J.S.A. 30:4-27.2(h).] Whether an individual is …
- A-1278-19 Opinionnjcourts.gov… police arrested Richard Gillard for selling cocaine to an undercover police officer in Atlantic City. During custodial … Defendant's attorney filed a pre-trial application to compel the State to provide him with discovery from the DEA … the defect in performance prejudiced defendant's right to a fair trial such that there exists a "reasonable probability …
- A-5621-18 Opinionnjcourts.gov… his car in a manner that blocked defendant's driveway. P.M. complied with defendant's demand to move the vehicle. P.M. … that clear and correct jury charges are essential to a fair trial . . . . " Das v. Thani, 171 N.J. 518, 527 (2002). … evidence 18 A-5621-18 that defendant possessed the bloodied sword under circumstances not manifestly appropriate …
- A-1249-19 Opinionnjcourts.gov… to conduct a Rule 104 hearing, failed to develop a complete record permitting appellate review. I. We begin by … to represent him in his contract negotiations with Tsairis. Under the contracts, Focazio agreed to pay the Tsairis … companies for breach of contract, breach of good faith and fair dealing, unjust 6 A-1249-19 enrichment, conversion, and …
- A-4560-19 Opinionnjcourts.gov… SPCA, Plaintiff-Appellant, v. ROBERT B. BOYLE, BRIAN GUNDERSON, O. RIVIERO, C. AGUIRRE-CRUZ, SAMUEL RIVERA, M. … any charges. On April 3, 2018, plaintiff filed a five-count complaint alleging that: (1) the Passaic defendants: … plaintiff testified that he was employed as an ACO in Fair Lawn before a reorganization terminated his employment. …
- A-3758-19 Opinionnjcourts.gov… been received by defense counsel. Since discovery was forthcoming, the municipal court judge (MCJ) scheduled a status … and family[]wise." After explaining to defendant that she understood he lived out of state, the MCJ scheduled the next … AFTER A TRIAL DE NOVO BECAUSE HE WAS DENIED HIS RIGHT TO A FAIR TRIAL UNDER THE NEW JERSEY AND UNITED STATES …
- A-4094-19 Opinionnjcourts.gov… report, Thompson indicated he heard a "metal popping" sound coming from defendant's car, which was "indicative of a … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
- A-3991-19 Opinionnjcourts.gov… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … Protection and Permanency (the Division) filed a verified complaint and order to show cause (OTSC) for custody of J.H. … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …