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… v. MIDDLESEX REGIONAL EDUCATIONAL SERVICES COMMISSION, Defendant-Respondent. … the burden-shifting analysis established in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, (1973); Viscik, 173 … plaintiff can certainly not complain that he was unfairly surprised when defendant sought to introduce this …
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… A consent search of defendant's car revealed eighteen plastic bags containing cocaine. The police searched … amended to third degree. In exchange, the State agreed to recommend a three-year probationary term with 180 days 3 … bargain; and (4) whether the withdrawal would result in unfair prejudice to the State or unfair advantage to …
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… a disorderly persons offense. The State agreed to recommend one year of non-custodial probation and to dismiss … sternum. According to Schomp, a "sternum rub" is "a fairly painful stimuli," which is used "to awaken … one of the EMTs. According to Pensado, defendant was being "completely uncooperative." Defendant engaged in "tumultuous …
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… County, because nothing was available in Bergen, she had become irate, storming out and choosing instead to expose her … failed, the Division on October 17, 2014 filed a verified complaint and application for an order to show cause for … the psychological evaluation "sua sponte." Further, no fair reading of the transcript would suggest any appearance …
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… entered by the Law Division after a jury convicted him of committing two counts of second-degree of sexual assault … anybody," and left the room. D.S. estimated the incident lasted ten minutes. At first, D.S. did not know who was … next to defendant's contention that he "was deprived of a fair trial by the [State's] improper use of" the nurse's …
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… the State agreed to dismiss the remaining counts and recommend a sentence of up to twenty-five years of … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability … and did not meet the standard for ineffective assistance. Last, defendant contends his sentencing counsel was …
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… he was not entitled to an additional three percent of final compensation on his pension. Having considered appellant's … reasoning of a Law Division decision dismissing a separate class action age discrimination lawsuit filed by appellant, … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs. of …
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… ineffectiveness forced him to enter the plea. In a lengthy, comprehensive opinion, the PCR court denied defendant's … to the location where there had been a report of an automobile accident. The police found both victims dead in an … and (2) the errors prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… administered first aid and detected an odor of alcohol coming from defendant. Within fifteen to twenty minutes of … WAS NOT OBTAINED THROUGH CONSENT AND THE STATE CANNOT OVERCOME THE WARRANT REQUIREMENT THROUGH EXIGENCY []. POINT II … consent to a search need not be express but may be fairly inferred from context.") (citations omitted). …
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… to defendants in accordance with the requirements of the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -73. On December 21, 2015, plaintiff commenced a foreclosure action in the Chancery Division. On … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… his employment with the District based on his unbecoming conduct arising from his inappropriate touching of … both students were ultimately removed from his classroom and placed in alternate special education programs … that "[s]ince . . . Dunckley chose not to testify, it is fair to make a legitimate inference that he likely fears …
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… On appeal from the Local Finance Board, Department of Community Affairs, Docket No. LFB 14-018. Kelaher, Van Dyke & Moriarty, … that he violated N.J.S.A. 40A:9-22.6(a)(1) by filing incomplete financial disclosure statements and fining him …
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… start her new job the following Monday, November 23. On her last day at Spring Oak, her new employer, Rivera, advised … Tribunal that because Chando's new employment with Genesis commenced eleven days after her voluntary resignation from … cause attributable to the work," thus making the benefits fairly chargeable to the first employer. McClain, 451 N.J. …
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… vigorously advocate on defendant's behalf. In a lengthy, comprehensive written opinion, Judge Martin G. Cronin … defect in performance prejudiced defendant's rights to a fair trial and there exists a "reasonable probability that, … legal authority that supports defendant's argument. To overcome the time restrictions in Rule 3:22- 12(a)(1), in …
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… are located . . . ;" and "[w]hat is the resource value classifications . . . of freshwater wetlands on a site."1 … Should they choose to pursue their interest, they must comply with the current zoning regulations and . . . apply … arbitrary, capricious or unreasonable, or that it lacked fair support in the evidence." In re Carter, 191 N.J. 474, …
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… statement informing the police that defendant had not come home until the early morning hours. Accordingly, the … WITHOUT TAKING HER TESTIMONY. POINT III – THE PCR COURT COMMITTED ERROR IN FINDING THAT, HAD DEFENDANT TESTIFIED AT … appeal, and on his PCR petition, defendant had a full and fair opportunity to present all of his arguments. The …
default
… the court made factual errors about her ability to earn income. Plaintiff argued the court erred in its distribution … evidence, or the result of whim or caprice." Foust v. Glaser, 340 N.J. Super. 312, 316 (App. Div. 2001). The … "The goal of equitable distribution . . . is to effect a fair and just division of marital assets." Steneken v. …
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… pursuant to a plea agreement in which the State agreed to recommend the imposition of a sentence one degree lower, of … ineligible for parole. The State, however, has agreed to recommend that you be treated as a third-degree offender with … defect in performance prejudiced defendant's rights to a fair trial such that there exists a 8 A-1388-15T1 …
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… Judges Lihotz and Whipple. On appeal from the Civil Service Commission, Docket No. 2012-2640. Alterman & Associates, … is required to coordinate efforts closely with the Classification/Records Lieutenant." Fioravanti rejected … after the inmate had left. Petitioner's internal affairs statement recounted the discharge paperwork he …
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… and Fasciale. On appeal from New Jersey Civil Service Commission, Docket No. 2014-819. Law Offices of Gina Mendola … Attorney General, attorney for respondent Civil Service Commission (Brian M. Kerr, Deputy Attorney General, on the … of the circumstances, as to be shocking to one's sense of fairness.'" Id. at 195 (quoting Carter, supra, 191 N.J. at …