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… RESTRAINING ORDER PRECLUDED THE DEFENDANT FROM RECEIVING A FAIR TRIAL WHERE THE TRIAL COURT'S LIMITED INSTRUCTION … THE JURY'S ATTENTION ON THE DEFENDANT'S PROPENSITY TO COMMIT THE MURDER OF HIS GIRLFRIEND. (Not raised below). … WHICH WOULD OTHERWISE 6 A-2737-15T1 BE MURDER BUT FOR ITS COMMISSION IN THE HEAT OF PASSION. (Not raised below). We …
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… and he read and understood it before he signed the completed form. On October 13, 2000, the 1 Neither party has … not satisfy the pre-2010 requirement that defendant must come forward with evidence that counsel was ineffective by … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… DIVISION DOCKET NO. A-0091-21 IN THE MATTER OF THE CIVIL COMMITMENT OF F.A. _______________________ Submitted May 17, … the trial court's July 26, 2021 order continuing his civil commitment to the State of New Jersey Special Treatment Unit … and sexually violent. Moreover, Dr. Gilman stated the "fair amount of versatility" regarding his victims is …
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… Defendant responded, "You need a search warrant. You can't come in here. And I wanna lawyer." After defendant showed … value." Lieutenant Spirito eventually obtained a Communications Data Warrant (CDW) for defendant's cell … errors were so serious as to deprive the defendant of a fair trial."). Moreover, there is a strong presumption that …
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… DREHER, Plaintiff-Appellant, v. KENNETH ROSS, ESQ., and COMEGNO LAW GROUP, PC, Defendants-Respondents. … any duty in their preparation of a power of attorney and a last will and testament for Rebecca's1 mother Dorothy … 54, 73 (App. Div. 2000). The ultimate question is one of fairness. Innes v. Marzano-Lesnevich, 435 N.J. Super. 198, …
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… "middle[]man" and denied using illegal drugs due to his company's drug-use policy. On September 5, 2019, a grand … the mark sought to be accomplished by PTI that fundamental fairness and justice require judicial intervention.'" State … a trial court's sentencing determination. State v. Fuentes, 217 N.J. 57, 70 (2014). We must affirm the sentence …
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… Corbin was pummeled and "stomped" by the shooter and his companions, whom Corbin identified as a bald man, a man with … raised, was not an infringement on defendant's right to a fair trial. It was not plain error, a misstatement "of such … Act. We review sentencing decisions deferentially. State v. Fuentes, 217 N.J. 57, 70 (2014). This means a sentence is …
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… briefs). Robert Seymour Garrison, Jr., Director of Legal Affairs, PFRSNJ, attorney for respondent (Thomas R. Hower, … suicide victim and his family. 3 A-3633-19 was assigned to comfort M.H.'s wife and son. He also transported M.H.'s … told his supervisor he was sleeping poorly, experiencing flashbacks, and reliving the incident. A chaplain sent Mesmer …
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… the time period during which a defendant has been civilly committed pursuant to the Sexually Violent Predator Act … the ten-year time period. We hold that because civil commitment is not confinement "for" the crime of which a … not to testify at his trial. Because defendant was unfairly prevented from testifying, and the jury might have …
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… EVIDENCE, OMITTING EXCULPATORY EVIDENCE CONTAINED IN THE COMPAINANT'S STATEMENTS TO THE POLICE AND CASTING DOUBT UPON … upon prosecutorial misconduct, which denied him fundamental fairness and due process, and infringed upon his State … the relevant offense in making that determination. State v. Fuentes, 217 N.J. 57, 74-75 (2014). Aggravating factor nine …
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… an argument that the trial judge did not adequately cure comments by the prosecutor that "portrayed the defendant and … he contended that his attorney failed to raise issues about comments made by the prosecutor during closings about … OF COUNSEL DENIED DEFENDANT HIS CONSITUTIONAL RIGHTS TO A FAIR TRIAL AND EFFECTIVE COUNSEL. INEFFECTIVE ASSISTANCE OF …
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… into the rear, driver's side tire of his Infiniti G-35 automobile. It was a clear, sunny day. The car was running and … Vasquez, but then "spun right in front of [him, and began] coming straight in [his] direction, coming quick." Because … prejudiced the defense such as to deprive defendant of a fair and reliable outcome. Strickland, 466 U.S. at 687. To …
njcourts.gov
… and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-2491. Alterman & Associates, … General, attorney for respondent New Jersey Civil Service Commission (Jonathan S. Sussman, Deputy Attorney General, on … all the circumstances, as to be shocking to one's sense of fairness." Id. at 28-29 (quoting Polk, 90 N.J. at 578). …
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… On the night of September 4, 2010, defendant and an accomplice, Larry Austin, approached a group of five people … contended that "[d]efendant's single act was that of accomplice" and that his "crime and objective were one in the … prejudiced the defense such as to deprive defendant of a fair and reliable outcome. Strickland, 466 U.S. at 687. To …
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… Caulfield heard oral argument on the petition, she issued a comprehensive written decision on February 12, 2019, denying … observed, for example, that when defendant's trial counsel commenced cross-examination of one particular witness, … such magnitude as to thwart the fundamental guarantee of a fair trial."). Defendant also contends that sentencing …
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… PER CURIAM On leave granted, we consider whether plaintiffs complied with the requirements of the fictitious pleading rule, Rule 4:26-4, permitting them to amend their complaint to include defendant Terracon Consultants, Inc.,1 … the enactment of statutes of limitations is one of fairness to defendants. Lopez v. Swyer, 62 N.J. 267, 274 …
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… of third-degree distribution of CDS in exchange for a recommended sentence of a five-year term with a … "truthfulness or credibility was at issue." 9 A-2502-18T2 Lastly, the court rejected defendant's argument that the … counsel's errors are sufficiently serious to deny him "a fair trial." The prejudice standard is met if there is "a …
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… taking (counts three, eight, and eighteen); conspiracy to commit robbery (counts seven and seventeen); possession of a … inapplicable because defendant was the driver and did not commit the armed robbery, as was the case in his two prior … shall not be extended by tenuous interpretation beyond the fair meaning of its terms lest it be applied to persons or …
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… not cure his default, and on March 26, 2015, NRZ filed a complaint in foreclosure. Although defendant was served with … he did not file an answer or otherwise respond to the complaint. On May 27, 2015, default was entered against … receive notice of intent to foreclose as required by the Fair Foreclosure Act, N.J.S.A. 2A:50-56(a), and determined …
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… APPELLATE DIVISION DOCKET NO. A-2842-19 FRANK'S REALTY COMPANY, Plaintiff-Appellant, v. ZONING BOARD OF ADJUSTMENT … and included a deficient environmental impact statement. Lastly, plaintiff contends the memorializing resolution was … Super. at 429 (alteration in original) (quoting Cohen v. Fair Lawn, 85 N.J. Super. 234, 237 (App. Div. 1964)). Here, …