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… certification, 234 N.J. 12 (2018). 3 A-3661-19 The details underlying the conviction are set forth in our prior opinion … throwing "a couple of punches" towards defendant to gain compliance, and handcuffing him, Noriega observed a black, … conversation with the [c]ourt while under oath, isn't it fair to say that you also said that you indicated that you …
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… domestic violence-related charges as a sanction for the complaining witness's recalcitrant behavior on the witness … at defendant's home on September 1, 2013. The jury found defendant guilty of second-degree possession of an … N.J. 517, 538 (2011)). "[O]nce an issue has been fully and fairly litigated, it ordinarily is not subject to …
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… and (2) denied plaintiffs' motion to file a second amended complaint. Defendant Wagner cross- appeals the February 16, … BELOW THAT PLAINTIFFS' PROFESSIONAL NEGLIGENCE CLAIM WAS FUTILE. III. FAILURE TO FILE AN AFFIDAVIT OF MERIT IN … to enable the finder of 23 A-1437-19 fact to make a fair and thorough assessment of [Wagner's] role" based on …
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… Treakle appeals, contending primarily that the trial court committed plain error by omitting an identification charge … Shirazi in hot pursuit. Defendant was carrying a green hoodie, but after the officers stopped and exited the car, he … THEREBY DEPRIVING MR. TREAKLE OF HIS RIGHT TO A FAIR TRIAL. (NOT RAISED BELOW). 14 A-2309-18 POINT III …
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… permitted in the front yard of a lot. Plaintiff filed a complaint against the City in the Law Division seeking: 1) … required plaintiff to "exhaust available administrative remedies"; he stayed the litigation pending proceedings before … specific language for other lots, such as "reserved for future development." We reject these contentions. We start …
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… the Board of Trustees of the Teachers' Pension and Annuity Fund, Department of the Treasury. J.M.F., appellant pro se. … in this matter, appellant's privacy constitutes a compelling interest that outweighs the Judiciary's … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… HACKENSACK DEPARTMENT OF PUBLIC WORKS SHADE TREE ADVISORY COMMITTEE, MARY PERRONE, SALVATORE PERRONE, ANGELA HENRICKS, … is consistent with the purpose of "assur[ing] the fair and full disclosure of information necessary to the orderly and expedient administrative disposition of claims." Id. at 378 …
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… ROBERT J. TRIFFIN, Plaintiff-Appellant, v. THETA HOLDING COMPANY, L.P., EUROPEAN METAL GROUP, and ARMANDO PEÑA, … and the observance of reasonable commercial standards of fair dealing." N.J.S.A. 12A:3-103(a)(4). It is the "without … than availing himself of the proper procedural remedies (i.e. a non-frivolous motion for reconsideration or …
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… Judges Hoffman and Suter. On appeal from the New Jersey Commissioner of Education, Docket No. 149-5/16. Y.Y., … dismissing petitioner's residency claim. The Commissioner found petitioner's children were not domiciled in North … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … of Tess; her mother and sister, who both testified as fresh-complaint witnesses;3 the lead detective, through whom … IMPROPER FRESH COMPLAINT TESTIMONY WHICH DENIED DEFENDANT A FAIR TRIAL. (Not raised below). POINT THREE THE TRIAL COURT …
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… an unmarked white Crown Victoria sedan, well - known in the community as a police vehicle. At approximately 3:45 p.m., … North 25 during prior investigations. Defendant had a "hoodie" in his hand and George was "carrying a black hooded … if the court finds that you are able or will be able in the future to pay restitution." Defendant and his co-defendants …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … that his counsel was ineffective by failing to request a competency hearing at trial and by failing to assert a … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. …
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… defendant from a restaurant. Defendant was agitated and complained that a bus driver would not accept his New Jersey … of the area revealed that defendant was no longer in or around the restaurant. Molinaro went back on patrol, driving … whether, given all the circumstances . . . there is a fair probability'" that a crime has been committed. …
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… was tried in December 2016. Immediately before the trial commenced, defense counsel alerted the court that defendant … evidence adduced at trial. Moreover, we are convinced a fair reading of the record shows the judge made sufficient … as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act …
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… recognition of the need to 'insure free debate in cases to come,' and to 'prevent the unsettling of verdicts after they … a capital case "in which heightened standards of procedural fairness are applied," the misconduct of the juror there was … in order to provide guidance in such situations in the future, we comment briefly on the procedure employed here. …
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… 2017 A-3374-14T3 2 On appeal from New Jersey Civil Service Commission, Docket No. 2015-1457. Weissman & Mintz, LLC and … ("CPM"). We affirm. I. We derive the following background facts from the record. The Department of Human Services … had lateral title rights to each other, and its decision is fairly supported by substantial evidence in the record. …
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… are addressed in a single opinion because they share a common legal question. In their respective actions, … of medical expenses above those collectible or paid under an insured's PIP provision in a standard automobile … been able to recoup a portion of their medical expenses fairly quickly, they must now labor without the assuredness …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … so X-rays were taken to rule out any fractures. A doctor recommended ice and ointment for the swelling on the right arm … or wide of the mark[,]' [we] must intervene to ensure the fairness of the proceeding." L.L., supra, 201 N.J. at 227 …
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… RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … Superior Court of New Jersey, Law Division, Salem County, Complaint No. W-2017-000472-1708. David M. Galemba, … while the State's investigation may be incomplete, "unfairly gives the defendant a record that could potentially …
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… were on and she was attentive to the road. The jury found plaintiff was seventy-five percent at fault in causing … entered a judgment in defendant's favor pursuant to the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8. … requirements for anticipated experts is to promote fair advocacy and to discourage gamesmanship or unfair …