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njcourts.gov
… 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 …
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njcourts.gov
… denied knowledge of child pornography being downloaded on computers in the home. The detectives "zip-tied" defendant's … looking at aren't going to increase at all" and "being forthcoming to us . . . we even tell that to the judge. This guy … that "[w]ithout such an assurance, defendant might fairly have concluded that it would have been futile to keep …
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njcourts.gov
… DOCKET NO. A-4404-15T4 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION … Notice of Intent to Foreclose (NOI) in compliance with the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -68. The … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union of Fire Ins. Co. of …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… to defendant TD Bank, N.A., and dismissing plaintiff's complaint asserting APPROVED FOR PUBLICATION April 10, 2018 … makes no argument regarding the other counts in his complaint for false imprisonment and assault. An issue not … its premises. This standard encompasses considerations of fairness in imposing a duty, foreseeability of the third …
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njcourts.gov
… reverse and remand. On September 4, 2019, plaintiff filed a complaint against defendants alleging violations of CEPA, … Payment Law (WPL), N.J.S.A. 34:11-4.1 to -4.14, and the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 to § 219. … if she showed up for work. When plaintiff received her last paycheck, it was missing compensation for three weeks …
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njcourts.gov
… COURT'S UNCLEAR CREDIBILITY FINDINGS AND OVERALL FAILURE TO COMPLY WITH R[ULE] 1:7-4. (Not raised below) III. THE … (ITRO),3 and remand for the trial court to make full and complete findings of fact and conclusions of law. I. The … N.J. 1, 12 (2007), factual findings are "fundamental to the fairness of the proceedings and serve[] as a necessary …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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 …
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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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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, …
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njcourts.gov
… favor and against their insurers Great American Security Company (Great American) and Interested Underwriters at … The Great American policy was a one-year policy that commenced on May 4, 2012, and had a coverage limit of $75 … consider relevant to an evaluation, and particularly both fair market value and replacement cost less depreciation." …
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njcourts.gov
… 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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njcourts.gov
… 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 …