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… for truth"). Indeed, as demonstrated by our remand, we have come to a different view. Understandably, the PCR judge … Supreme Court has noted, such petitions are a defendant's last opportunity for review in a system that strives for … believed she could continue to serve as an impartial and fair juror. After allowing counsel to ask follow-up …
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… 1961, the Borough of Englewood Cliffs' Planning and Zoning Commission (the Commission) granted a three-lot subdivision … encroach onto Lot 2, the center lot, pursuant to the last recorded 1961 subdivision. A dwelling was constructed … property "be impressed with an obligation to contribute its fair share of any off[-]site draining plan that is …
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… (John E. Molinari, on the briefs). Law Offices of Viscomi & Lyons, attorneys for respondents (Patricia R. Lyons, … to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … to regulate their dog's behavior in the off-leash area was fair, since people brought their dogs there precisely to let …
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… (collectively, defendants). Plaintiffs essentially complain that defendants unduly delayed paying insurance … to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such … plaintiffs hired a licensed contractor. That may well be a fair characterization. Nevertheless, whatever positions …
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… the State agreed to dismiss the remaining charges and to recommend a five-year sentence with forty-two months of parole … release date was changed resulting in him serving the complete five-year sentence. Defendant contended had his … claim that his attorney's misadvice prevented him from fairly evaluating his plea offer also failed for similar …
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… criminal record and the violent nature of the crimes he committed when he assaulted and shot the victim in the leg. … PCR court heard oral argument and later issued an order and comprehensive written opinion in which it concluded that the … in view of the juror's statements that he could be fair and impartial. Moreover, even if counsel's strategic …
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… On August 27, 2017, plaintiff filed a domestic violence complaint and obtained a temporary restraining order (TRO) against defendant, alleging defendant committed the predicate act of harassment, N.J.S.A. … she alleged and testified to and proved in terms of the 7 A fair reading of the transcript suggests that the remand …
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… and Mayer. On appeal from the New Jersey Civil Service Commission, Docket No. 2020-1999. Amie E. DiCola argued the … for Doe was unavailable, the Commission explained "the last employee hired must be displaced." On appeal, Doe … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, …
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… in light of the Supreme Court's decision in State v. Comer.1 1 State v. Comer, ___ N.J. ___ (2022). 3 A-2961-18 … POINT I THE SENTENCE IMPOSED IS EXCESSIVE AND MANIFESTLY UNFAIR AS THE SENTENCING COURT FAILED TO PROPERLY CONSIDER AND … in light of Comer. Given the lapse in time since the last resentencing hearing, defendants are of course entitled …
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… Id. at 12 n.1. In due course, plaintiff filed a palimony complaint, which was dismissed because the Family Part judge … Augustin and Elizabeth's first names because they share a common surname. We intend no disrespect. 3 A-2898-19 … to grant equitable relief to plaintiff, given the lack of fairness and lack of reviewability of the [f]und or the UN …
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… child support and granting plaintiff's cross-motion to compel him to pay over $43,000 for their eldest daughter's … that time, and proportionate to the parties' respective incomes at the time, and only after all savings and/or other … no child support can become due"). There are also issues of fairness and equity to be considered in determining whether …
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… investigating officers either directly or with the help of community members. Some or all of the alleged victims later … when failing to provide discovery, citing Rule 3:25-4(i) (last paragraph). See also N.J.S.A. 2A:162-22(b)(2). The … by the accused in a manner and at a time as fundamental fairness dictates. See, e.g., United States v. Mosquera, 816 …
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… Burgess, & Grossman, PC, attorneys for appellants (Douglas David Burgess, of counsel and on the briefs; Randi S. … replaced in 2014, and that the glass in Door 12 did not comply with applicable building codes or American National … reliance on an expert's personal "rule of thumb" regarding fair market valuation as violating N.J.R.E. 703. Alpine …
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… brought under the aggravated sexual assault statute "may be commenced at any time." N.J.S.A. 2C:1-6(b)(4) provides, … the offenses is below the age of [eighteen] years, must be commenced within five years of the victim's attaining the … but that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687. I. There can be no …
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… of this matter has been hampered by the parties' failure to comply with our rules and provide us with a 1 The Court … v. Grant, S-32-18 (082033) (Nov. 15, 2018). 3 A-1407-18T1 complete record.2 We have cobbled together, from the limited … of agreements that address custody and parenting time, "fair and definitive arrangements arrived at by mutual …
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… got out of their police car and pointed one or more flashlights at the men. The officers ordered the men to show their hands. Everyone but defendant complied. Defendant began running away from the officers, … motion to suppress been made, the State would have had a fair opportunity to oppose the motion and marshal responsive …
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… and the order enforcing the subpoenas. I. Nicholas Matahen, Maher Al Badri, Mahmoud Abu Romi and Mobin A. … for school tuition for [his] three . . . children." The complaint alleged "mismanagement of and/or self-dealing … for his portion of the school's tuition. Abbassi gave a fairly elaborate explanation for why the ICPC did not pay …
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… Two grand juries indicted and charged defendant with committing numerous crimes.1 After a jury found him guilty … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. A … either so long as "it does not discriminate against any class of defendants." State v. Moorer, 448 N.J. Super. 94, …
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… and thorough written opinion. We add only the following comments. A jury found defendant guilty of second-degree … about halfway down the block, in the wrong lane, before coming to a stop on the left side of the road. Defendant was … A-3317-18 THE COURT: All right. And did you have a full and fair opportunity to make that decision after discussing this …
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… DIVISION DOCKET NO. A-3246-19 IN THE MATTER OF THE CIVIL COMMITMENT OF J.A.G. ________________________ Argued April … 5 A-3246-19 POINT I THE [JUDGE'S] FAILURE TO PROVIDE A FAIR HEARING, AND ITS ORDER OF INVOLUNTARY COMMITMENT IN … so." Campo noted that he "ha[d] no idea what [J.A.G.] did last night. She may have thrown a chair or attempted …