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njcourts.gov
… In the first incident, appellant's former spouse filed a complaint against him for allegedly accessing her email … detective asserted "that that was not the case[,]" and recommended that the chief deny the application because … the existence of good cause for the denial by a fair preponderance of the evidence. Id. at 46. In evaluating …
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njcourts.gov
… for the reasons expressed by Judge Samuel D. Natal in his comprehensive written opinion. Defendant is the father of a … term subject to sixteen months of parole ineligibility. He completed that sentence on May 25, 2015, but remained … prejudiced his 10 A-5980-17T4 or her rights to a fair trial such that there exists "reasonable probability …
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njcourts.gov
… had been raised Jewish. In November 2014, plaintiff filed a complaint for divorce. Before the divorce, the parties … it would best carry out the children's wishes of having a fairer split of holiday time and would prevent any loyalty … them to spend important moments with each of their parents. Lastly, we reject defendant's contention that the trial …
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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
… and erroneously instructing the jury on negligence, comparative negligence, proximate cause, and burden of proof; and (5) committing errors, which cumulatively warrant a retrial. … and proper charges to a jury are essential for a fair trial.'" Prioleau v. Ky. Fried Chicken, Inc., 223 N.J. …
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njcourts.gov
… ' 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… to 3 A-0192-18T1 decide the precise use" of his or her income. The Agreement contained "no provision . . . with … to 26 []: $25,000/year (for $275,000) Thus, if the marriage lasted twenty-six years, plaintiff would receive a total of … the execution, the party: (1) Was not provided full and fair disclosure of the earnings, property and financial …
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njcourts.gov
… Favretto is a former police officer. In 2013, an internal affairs investigation of his colleague revealed text messages … is discretionary. In re Xanadu Project at the Meadowlands Complex, 415 N.J. Super. 179, 188 (App. Div. 2010); In re … based on her guilty plea for third-degree assault by automobile. Hess, 422 N.J. Super. at 30. This court deemed the …
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njcourts.gov
… condition imposed by the Board that she successfully complete the Program for Returning Offenders with Mental … that Stallings' parole officer testified that Stallings completed the treatment phase of the PROMISE program and … Super. 29, 33 (App. Div. 2001). "[I]t is a fundamental of fair play that an administrative judgment express a reasoned …
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njcourts.gov
… Atlantic City (Bally's) summary judgment and dismissing his complaint. We affirm. Plaintiff was hired by Bally's as a … Plaintiff admitted to complaining, "it wasn't exactly fair that [Bally’s] was bringing in people that have … Conley v. Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… software revealed the discrepancy. As a result, a complaint-summons charged defendant with knowingly … the mark sought to be accomplished by PTI that fundamental fairness and justice require judicial intervention." 7 … her discretion by denying defendant admission to PTI. III. Lastly, defendant argues the judge erred when she cited his …
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njcourts.gov
… After speaking with defendant, a crisis screener recommended that she seek an evaluation at Carrier Clinic … Court held that under the circumstances, it would not be fair to impose a duty of care upon the defendant. Ibid.. The … SOMC after experiencing mental disturbances, and she was classified as a psychiatric patient. She was agitated and …