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… actions caused the victim's death and that he was an accomplice to the robbery. 3 A-2515-15T4 Defendant's direct … ski mask found at the scene would show that "someone else committed the crime." To support his application, defendant … AND FEDERAL CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL. 7 A-2515-15T4 We defer to the factual findings …
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… In January 2017, a real estate title agency, Seaboard Title Company, received a fraudulent email that caused the agency … counts in the indictment. The negotiated agreement recommended a suspended sentence in the third-degree range. … NOT EXCULPATORY, THE EMAILS AND TEXTS WERE NECESSARY TO A FAIR CONSIDERATION OF JURISDICTION BY THE GRAND JURY. We …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. DAVID COMPANIONI, a/k/a NEDAL IBARRA, NEDAL NASRALLAH, and NEDAL … limited. R. 1:36-3. 2 A-1356-19 PER CURIAM Defendant David Companioni appeals from an October 4, 2019 order denying his … (2) that the deficiency prejudiced defendant's right to a fair trial); see also State v. Fritz, 105 N.J. 42, 58 (1987) …
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… the trial court's orders denying its motions to amend its complaint and to compel discovery. Plaintiff also appeals … Allegations of breach of covenant of good faith and fair dealing were made solely as to Nxgen. Plaintiff's … had already been extended discovery three times–the last time to allow plaintiff the opportunity to procure an …
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… executed a $404,700 promissory note to Ameriquest Mortgage Company (Ameriquest). As security for repayment, defendants … and thereafter. Consequently, and in accordance with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68, plaintiff's … Shortly thereafter, plaintiff filed its foreclosure complaint and defendants filed a contesting answer with …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. HASSAN DALLAS, a/k/a HASAAN DALLAS, HASSON DALLAS and DONTE WATSON, … at a location on Pearl Street when he heard two gunshots coming from an area about one block away. The officer went … did not apply. The judge also found the plea agreement was fair and imposed the sentence recommended in that agreement. …
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… the reasons outlined in Judge Guy P. Ryan's thoughtful and comprehensive written opinion. On July 24, 2010, defendant … [result] was contemplated by the [first] plea agreement." Lastly, Judge Ryan found any excessive sentence argument … v. Clark, 65 N.J. 426, 437-38 (1974) ("The rule is . . . fairly established that mere excessiveness of sentence …
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… the parties set forth the causes of action alleged in the complaint. 3 Rogers does not argue that he provided any … 17:4-4.1(a)(1) defined "base salary" as "the annual compensation of a member, . . . which is paid in regular, … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Herrmann, 192 N.J. at 27-28. …
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… and "a large amount of money . . . located in the glove compartment." The officer confronted defendant with these … lacked probable cause to search defendant's car. The automobile exception "authorize[s] [a] warrantless search . . . … whether, given all the circumstances . . . there is a fair probability that contraband or evidence of a crime will …
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… Submitted November 12, 2020 – Decided Before Judges Fuentes, Rose, and Firko. 1 Improperly pled as Lisa Laswhay. … of Mount Olive Council (Township Council) to dismiss her complaint.4 Plaintiff primarily argues the motion judge … to maintain 'broad public confidence in the integrity and fairness of the [arbitration] process.'" 86 N.J. at 190 …
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… 2018 and February 16, 2018 orders dismissing plaintiff's complaint and motion for reconsideration for the court to … of claims or issues that have already been adjudicated." Velasquez v. Franz, 123 N.J. 498, 505 (1991). It provides that … of conflicts, confusion and uncertainty; and basic fairness.'" First Union Nat'l Bank v. Penn Salem Marina, …
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… and Mitterhoff. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-1498. Kamensky Cohen & … Mason, the program included a "cognitive/rational thinking class, and an art and music class." During the time that he … of the circumstances, as to be shocking to one's sense of fairness.'" Ibid. (quoting Carter, 191 N.J. at 484). Here, …
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… would help provide oversight of its patients and assist in compliance with drug regimes. It also suggested an in- house … pharmacy profits would be allocated as general operating income and used for the development of additional clinical … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… evidence. Specifically, the State's ballistics expert commented that a non-testifying peer concurred with the … officers soon arrived at the scene and were able to communicate with Martinez-Ventura and his friends. They told … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
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… the expertise of the [court] in this 'specialized and complex area.'" Advance Hous., Inc. v. Twp. of Teaneck, 215 … the taxpayer under N.J.S.A. 54:3-21, which challenges the fairness of an assessment. Because the statute is … unnecessary because Lyndhurst's certifications did not overcome the self-executing application of the Freeze Act where …
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… (10) "order or sequence set," as the he was not directed to complete his work in a particular order or sequence; (11) … they establish enough control for the individual to be classified as an employee under the common-law test." The … As we stated in another pension case: [W]here the result is fairly debatable and is based upon policy choices made by …
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… Terrence R. Cook in his twenty-page written decision that accompanied the order denying defendant's petition. The facts … of counsel (IAC) and denied defendant the right to a fair trial. He specifically contended that "counsel failed … likely to have changed the jury's verdict. 9 A-5770-17T1 Last, Judge Cook found defendant's reasons for claiming that …
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… circumstances' because '[a]s time passes, justice becomes more elusive and the necessity for preserving finality … the extent of the 7 A-3829-18T1 delay" unless there are "compelling, extenuating circumstances." Ibid. To establish a … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… Court of New Jersey, Law Division, Gloucester County, Complaint No. S- 2019-0064-0818. Christine A. Hoffman, … Gloucester County Prosecutor, attorney for appellant (Douglas Benjamin Pagenkopf, Special Deputy Attorney … check only the 'most egregious examples of injustice and unfairness.'" State v. Negran, 178 N.J. 73, 82 (2003) (quoting …
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… the facts from the record developed on the motions to compel discovery and dismiss ARF's pleadings. The record … in Woodbridge (the Property). In June 2017, Seaside filed a complaint seeking to quiet title to the Property and declare … so that the merits of the substantive claims can be fairly evaluated. Accordingly, we reverse and remand with …