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… 4 A-3197-16T2 COULD NOT HAVE FORESEEN THAT HE WOULD BECOME SUBJECT TO REGISTRATION AS A SEX OFFENDER MORE THAN … because he "was unaware that his conviction in 1980 might become a basis for subjecting him to the requirements of … passes after conviction, the difficulties associated with a fair and accurate reassessment of the critical events …
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… use in other cases is limited. R. 1:36-3. 2 A-3553-16T1 Douglas M. Schneider argued the cause for respondents (Summers & … 11 and March 28, 2017, essentially dismissing plaintiffs' complaint on comity grounds. The January 11, 2017 order … "a fact-specific inquiry that weighs considerations of fairness and comity," which we review under an abuse of …
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… off and exit the vehicle. Napper refused, 3 A-4822-17T2 becoming rude. Officer Tell conducted a pat down of Napper … from the scene. Defendants also contended the automobile exception to the warrant requirement does not apply, … show from the totality of the circumstances there is "a fair probability that contraband or evidence of a crime will …
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… face and chest with a closed fist, which caused Gaviria's glasses to fall off and break. 3 A-0717-16T4 Gaviria tried to … reached for a silver object from the driver-side door compartment. According to Gaviria, defendant tried to stab … errors were so serious as to deprive [him or her] of a fair trial, a trial whose result is reliable." Ibid. It is …
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… Plaintiff-Respondent, v. DCN AUTOMOTIVE LIMITED LIABILITY COMPANY, t/a BRAD BENSON HYUNDAI, Defendant-Appellant. … to arbitrate his claims individually and not as a class action. We reverse. The record reveals the following. … terms and inconsistencies to put a reasonable consumer on fair notice of their intended meaning." Id. at 431. We held …
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… Argued December 20, 2017 – Decided Before Judges Fuentes, Koblitz and Manahan. On appeal from Superior Court … was not supported by credible and relevant evidence, nor comported with controlling law. We disagree and affirm. I. … 106 N.J. 123, 266 (1987); see also Schaefer v. Cedar Fair, 348 N.J. Super. 223, 239 (App. Div. 2002) (noting that …
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… On August 27, 2009, defendant and his attorney appeared in Fairfield Township Municipal Court on four traffic … presents a legal question. Manalapan Realty, LP v. Twp. Comm., 140 N.J. 366, 378 (1995) ("A trial court's … he admitted that he refused to provide a breath sample. He completed his sentences for these infractions more than five …
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… called out sick during her absence, and then contacted the company's HR Service Center upon her return to work. PNC's written company policy concerning unexpected family or medical … addressing whether it would have been realistic and fair to expect her to spend what she characterized as a …
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… (count nine); second-degree possession of a firearm while committing a violation of N.J.S.A. 2C:35-5 or -7, N.J.S.A. … three, nine, and eleven. In exchange, the State agreed to recommend an 4 A-3365-16T3 aggregate prison term of six years … acted to deprive the [defendant] of due process as well as fair proceeding leading to an unjust result." PCR counsel …
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… Alexis; and (4) award him counsel fees and costs. In his accompanying certification, defendant outlined Jacoby expenses … caprice." Jacoby, 427 N.J. Super. at 116 (quoting Foust v. Glaser, 340 N.J. Super. 312, 315-16 (App. Div. 2001)). 9 … be assigned on remand to preserve the appearance of a fair and unprejudiced hearing. Plaintiff contends a fresh …
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… In exchange, 3 A-3698-15T1 the State agreed to recommend a non-custodial probationary term. The following … guilty to count one. In exchange, the State agreed to recommend a maximum four-year term of imprisonment with a … 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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… DIVISION DOCKET NO. A-2148-15T3 ADRIAN TOOLEY-LESTER, Complainant-Appellant, v. JOSEPH TAYLOR & SONS, INC., … for August 20, 2015. However, appellant requested a fair hearing on the termination of her TRA benefits, and the … to decide the merits of appellant's" claim. Sprague v. Glassboro State Coll., 161 N.J. Super. 218, 224 (App. Div. …
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… THE SEIZURE OF THE HANDGUN. POINT II: THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY ISSUING AN UNCONSTITUTIONAL … FORM THE IMPETUS WHEREBY EVIDENCE SO SEIZED THEREAFTER BECOMES ADMISSIBLE DUE TO THE FACT THAT THE TERRY STOP OF … IV: APPELLANT'S CONSTITUTIONALLY PROTECTED [RIGHT] TO A FAIR AND IMPARTIAL JURY WAS VIOLATED WHEN A BIASED JUROR WAS …
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… & Greenberg, LLC, attorneys for intervenor Madison Trust Company as collateral assignee of Stonefield Investment Fund … order of the Tax Court, denying PHCI's motion to amend its complaint concerning the City of Newark's tax assessments on … The Tax Court also found that there was "no evidence of unfair dealing or misrepresentation by the City of Newark." …
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… how to consider 6 A-0738-15T4 unrecorded statements, commonly known as Kociolek1 and Hampton2 instructions. … Since clear and correct jury charges are essential to a fair trial, erroneous jury charges in criminal cases are … of the generally recognized risk of inaccuracy and error in communication 1 State v. Kociolek, 23 N.J. 400 (1957). 2 …
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… the order awarding Panico 1 Panico also filed a third-party complaint against C.B. Construction's sole principal, … expert testified.3 After the trial, Judge O'Neil rendered a comprehensive oral decision detailing his factual findings … toll free number of the New Jersey Division of Consumer Affairs hotline. See N.J.S.A. 56:8-144(b). Third, the judge …
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… remediation work related to the DEP investigation should be completed shortly, and that a No Further Action (NFA) letter … foreclose upon the property to defendant. Plaintiff sought compensatory damages due to defendant's default on the … which will enable the trier of the facts to make a fair and reasonable estimate."); see also Totaro, Duffy, …
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… distinguish Claudio from his parents because they share a common surname and utilize Tanya's first name for the sake … post- judgment litigation due to Claudio's failure to comply with the terms of the DSA and numerous post-judgment … judges, to return the rings to [Tanya] or to pay her the fair market value. [Claudio] twice ignored the [c]ourt's …
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… contract to coach one of the school's athletic teams, who becomes "permanently and totally disabled as a direct result … which specified that the "fundamental purpose of interscholastic athletics" was, among other things, to "foster the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… incident, Villanueva had broken up with defendant and become romantically involved with Romero. Text messages read … believe defendant’s attorney could not represent defendant fairly, noting his counsel was an experienced lawyer. The … charges to the jury on these lesser-included offenses. III. Lastly, defendant contends his eighteen-month sentence for …