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… THAT CHARGES HAD ALREADY BEEN FILED AGAINST HIM, AND, THUS, UNDER STATE V. A.G.D., HIS WAIVER OF HIS RIGHT AGAINST … had voluntarily and knowingly waived his rights after becoming aware of the charges against him from the detective's … that "if evidence is relevant and necessary to a fair determination of the issues, the admission of the …
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… test, N.J.S.A. 30:4C-15.1(a), reinstated the Division's complaint for guardianship, held the Division had … only if she "weren't allowed contact" with them in the future. Blackwell-Nehlig had asked the resource mother as … of the case, and because the testimony was unbiased and fair toward" Mattie and Henry. The judge stressed that …
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… after a de novo trial on the record. The Law Division found defendant guilty of driving while intoxicated (DWI), … was running, its lights were on, and there was loud music coming from the vehicle. Sabados could see the driver, later … LAW IS UPHELD AS CONSTITUTIONAL, AS A MATTER OF FUNDAMENTAL FAIRNESS AND INHERENT AUTHORITY OF OUR COURTS TO …
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… prior to trial, a video recording allegedly depicting him committing the first of two robberies charged in the … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. … proximity and revealed "a common scheme or plan [that] embodies the commission of two or more crimes so related that …
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… alimony to plaintiff for four years. Those payments are completed. Plaintiff and defendant were entitled to half of … noting that defendant could "be subject to potential future sanctions, upon application by [p]laintiff." Id. at … compel discovery; and (9) any other factor bearing on the fairness of an award. [R. 5:3-5(c).] The trial court denied …
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… DOUBT THAT DEFENDANT WAS GUILTY, DEPRIVED DEFENDANT OF A FAIR TRIAL. U.S. Const. Amend. XIV; N.J. Const. Art. I., ¶ 1, 10. [(Partially raised below)] POINT IV THE COURT COMMITTED REVERSIBLE ERROR IN FAILING TO DISMISS TAMPERING … must first determine that the defendant has a present or future ability to pay. See State v. Newman, 132 N.J. 159, …
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… 4 A-3835-19 available housing with her aunt in order to become eligible for temporary rental assistance (TRA). Evan's … [to] become viable parenting options in the foreseeable future." The Division began providing transportation for … opportunities to do so, Rachel and Evan had not remedied the circumstances leading to the placement of their …
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… together for [two] years. As [Dwayne] was not evaluated, no comments may be made regarding his parenting capacity or any … mark[,]' an appellate court must intervene to ensure the fairness of the proceeding." L.L., 201 N.J. at 227-28 … courts have recognized that "[p]redictions as to probable future conduct can only be based upon past performance." …
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… exited their police vehicle and noticed smoke or fire coming from beneath the disabled vehicle. Fidalgo stated … through the red light as the police chased them. The jury found defendant guilty on both counts. The trial judge … to reassign a matter "to preserve the appearance of a fair and unprejudiced hearing." Steele v. Steele, 467 N.J. …
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… and heroin, N.J.S.A. 2C:35-5(b)(1), in exchange for a recommended ten-year prison term, including five years of … could not establish ineffective assistance of counsel under the two-part Strickland1 standard nor any entitlement … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … amended the judgment of conviction to order defendant's compliance with Megan's Law, N.J.S.A. 2C:7-1 to -23, which … orders, and we address only the legal issues that may be fairly decided based on those facts. In 1996, defendant …
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… representation of Jorge Angamarca (Angamarca) in an underlying personal injury suit against, among other … and affirm. I. We derive the following facts from the competent evidence in the summary judgment motion record, … to avoid fragmentation of litigation, and to promote party fairness and judicial economy and efficiency." Ibid. …
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… properly read defendant his Miranda1 rights, and defendant understood them and did not later invoke any of the rights … and February 2018, a man, later identified as defendant, committed a series of robberies in Camden County while … clarity so that the opposing party has a full and fair opportunity to respond." Ibid. Although the State must …
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… RECORD IMPOUNDED SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET … his laptop. Plaintiff was not injured, and he did not complain of pain. Plaintiff alleged that defendant's actions … with committing domestic violence offenses are treated fairly and receive the full panoply of due process rights …
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… (Redeveloper Agreement), which said when the "Project" is complete, the Borough shall issue a certificate of … and the extent of review of an unambiguous provision muddied standard contract interpretation principles. "'[I]f the … 455 (2003). Courts should read contracts "as a whole in a fair and common sense manner[,]" Hardy ex rel. Dowdell v. …
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… per month, "based upon [plaintiff's] imputed annual gross income of $25,000 and [defendant's] annual base income of … of an ex-spouse's financial status," continues to strike a fair and workable balance between the parties' competing … cohabitation were not specified by statute but instead embodied in case law. See, e.g., Konzelman v. Konzelman, 158 …
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… and 2C:41-2(d) (count one); second-degree conspiracy to commit theft, financial facilitation of criminal activity, … financial facilitation of criminal activity (money laundering), N.J.S.A. 2C:21-25(a), 2C:21-25(b) or 2C:21-25(c) … IV THE TRIAL COURT'S CUMULATIVE ERRORS DENIED DEFENDANT A FAIR AND RELIABLE HEARING. POINT V DEFENDANT'S SENTENCE WAS …
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… of counsel fees relating to the motion, and an award of compensatory parenting time for the parenting time lost … of a party's relationship with his or her child is not remedied by a reduction in child support"); L.V. v. R.S., 347 … In the event reunification therapy is successful in the future and defendant regains overnight parenting time on at …
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… motion on June 15, 2015, and explained his decision in a comprehensive and detailed fifteen-page written decision. 4 … Small also testified the shooter was wearing a gray hoodie and blue jeans. Weeks after the shooting, Small went to … but also that the deficiency prejudiced their right to a fair trial. Strickland, 466 U.S. at 687; Fritz, 105 N.J. at …
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… DIVISION DOCKET NO. A-2573-15T2 MARC LARKINS, ACTING STATE COMPTROLLER, STATE OF NEW JERSEY, OFFICE OF THE STATE … not impose any such requirement. To hold otherwise would undermine the purpose of the Act; render meaningless an … to his letter, which further concluded that "fundamental fairness and the mutual respect owed by governmental …