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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… eight, lived alone on the third floor of an apartment complex. One morning, the complex's manager found the victim … the courtyard outside the apartment building found a plastic bag containing the victim's purse and a black ski … medical opinion and that of the State's expert witnesses. Fairly read, the State's experts were of the opinion that …
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njcourts.gov
… trial, I'll give it to you, and . . . I'll try the case as fair as I can. That's . . . what I'll do. The judge then … was the factor that caused him to make the decision not to come to court because he was "scared senseless." Defendant … been dismissed. Defendant also said that his trial attorney compelled him to enter the guilty plea, and that he was not …
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njcourts.gov
… 2006, Harwelik began employment as a teacher with the Classical Academy Charter School (CACS) in Clifton, thereby … . . . ."). Upon receiving the notice, the principal of CACS completed and returned an Employer Certification stating the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" J.K. v. N.J. State Parole Bd., …
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njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS PARAMOUNT VENDING SERVICES, SUPERIOR … the order’s perpetuation serves the ultimate goal of the fair and efficient administration of justice.” Id. at 138. … Pl. Br. at 11, 15-16 (citing S. 4043 15 (L. 2021, c. 417)). Lastly, plaintiff argues that, because the Court “relied …
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njcourts.gov
… $215.00 per month. On October 30, 2019, plaintiff filed a complaint in the Special Civil Part against defendant for … to defendant at his condominium unit address, which was his last known address. Defendant did not respond to plaintiff's … a clear abuse of discretion." DEG, LLC v. Twp. of Fairfield, 198 N.J. 242, 261 (2009); see Horizon Health Ctr. …
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A-30/31-23 Appellant Kossup Reply Brief
Briefs
njcourts.gov
… fact indigent and determine if the contents of his father's Last Will and Testament offered no inheritance or financial … 1 The Procedural History and Statement of Facts have been combined for judicial economy. I FILED, Clerk of the Supreme … appropriate, subject to approval by the Court. It is an unfair concept to require Court appointed CAA and GAL to …
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njcourts.gov
… as declared by the Governor. The PHECA further required the Commissioner to act "in accordance with this section . . . … it is arbitrary, capricious, or unreasonable, or lacks fair support in the 6 A-0247-23 record. In re State & Sch. … 80 N.J. 6, 44 (1976)). A fundamental right or suspect classification is subject to strict scrutiny but other rights …
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njcourts.gov
… for the reasons set forth by the trial court in its comprehensive written decision. I. We discern the salient … 87 (2002) (quoting Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 336 (1998)). … "over intensification" of the use of the property, a complaint testified to by the objectors, plaintiffs' …
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njcourts.gov
… 2 A-0380-23 modification of child support, imputing income to defendant in the amount of $125,000 annually. … change in circumstances. Plaintiff further argued that the last child support order in August 2019 factored in … v. Howell, 456 N.J. Super. 300, 309 (App. Div. 2018). "The fairness of a child support award resulting from the …
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njcourts.gov
… his parents in the April 2017 sale of their home. The complaint also asserted a legal malpractice claim against … that granted the summary judgment dismissal of his amended complaint against defendants Feeney and Dixon, LLP (F&D) and … The POAs gave Frank broad power to conduct affairs on his parents' behalf, including to "sell and convey …
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njcourts.gov
… S.R.,1 Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF HOUSING AND COMMUNITY RESOURCES, … girl's sexual or intimate parts. Accordingly, S.R. was classified as a Tier I sex offender under Megan's Law, …
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njcourts.gov
… conspiracy to murder Hayes and second-degree conspiracy to commit aggravated assault upon Hayes. The State's theory at … of his own testimony was found to be credible, it would comprise the sort of evidence that could raise reasonable … trial. As a procedural matter, he also argues the judge unfairly refused to consider the affidavits of Butler and …
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njcourts.gov
… denial to the Board, asserting the slab was an interior component enclosed within the home's existing foundation. As … that when a controversy between parties is once fairly litigated and determined it is no longer open to … as if the order had been entered after a trial. '" Velasquez 8 A-3253-23 v. Franz, 123 N.J. 498, 507 (1991) …
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njcourts.gov
… that regard, he explained that McCarthy never asked him to come back to the House to repair any of the work that he had … In October 2022, plaintiff sued Taussi. In an amended complaint, plaintiff asserted several claims, including … Given those facts, this was not a case where equity or fairness would support an award for attorneys' fees. Indeed, …
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njcourts.gov
… 1, 2024, the Board adopted the initial decision and recommendation of the Administrative Law Judge (ALJ), who, … progressed to a Trooper I, having received awards and commendations during his career. At the time of the incident … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Mount v. Bd. of Trs., Police & …
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njcourts.gov
… adjudication of delinquency for aggravated assault as an accomplice in an altercation at her high school. She 1 We use … to prove the culpable mental state needed to establish accomplice liability, and that the victim's injuries did not … 267 N.J. Super. 520, 528 (App. Div. 1993) (quoting State v. Fair, 45 N.J. 77, 95 (1965)). A person is guilty of …
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njcourts.gov
… Township Board of Education's (Board) motion to dismiss the complaint. Kreyco brought this action for specific … to the online platform necessary to conduct the virtual classrooms. In addition to other disagreements, the parties … alleged the Board breached the covenant of good faith and fair dealing by attempting to use duress to intimidate …
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njcourts.gov
… DR. LUDMILLA MECAJ, Plaintiff-Appellant, v. SUSSEX COUNTY COMMUNITY COLLEGE, Defendant-Respondent. … she was a licensed physician. In addition to teaching classes, SCCC permitted her to recruit foreign students from … Equitable estoppel is "founded in the fundamental duty of fair dealing imposed by law" and prevents injustice by not …