njcourts.gov
… Submitted March 29, 2017 – Decided Before Judges Fuentes and Simonelli. On appeal from the Superior Court of … Court Judge John Morelli entered a Holup1 order that compelled the State to produce "the [BTISR], detailing any … is not an ingredient of either due process or fundamental fairness[.]" Judge Bernardin then found that under Chun, the …
njcourts.gov
… and there [were] holes in the walls where roaches were coming out." Defendant informed the caseworker a pile of … film" over them. The cushions were torn apart with "roaches coming in and out" of them. The children's clothing 4 … mark[,]' an appellate court must intervene to ensure the fairness of the proceeding." Id. at 227 (alteration in …
njcourts.gov
… a psychological evaluation to determine whether he was a compulsive and repetitive sex offender. Defendant testified … Law plea form and the parole supervision form had not been completed. The judge returned to the bench to ask whether … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a …
njcourts.gov
… reverse. I. The following facts are set forth in the PTI recommendation report submitted by the Criminal Division … to be accomplished by PTI that 12 A-3036-16T1 fundamental fairness and justice require judicial intervention.'" Ibid. … on the issue. 2 Defendant also argues that "marijuana's classification as a Schedule I substance, pursuant to …
njcourts.gov
… Rule 3:22- 12. We agree, and affirm. I. The following facts come from the transcripts of defendant's plea hearing and … UNCONSTITUTIONAL VIOLATION OF DUE PROCESS AND FUNDAMENTAL FAIRNESS. II. A PCR court need not grant an evidentiary … See Brewster, supra, 429 N.J. Super. at 398. C. Defendant lastly tries to challenge the constitutionality of PSL. …
njcourts.gov
… Defendants denied such liability. A jury trial commenced on August 24, 2015 against several of the named … numerous days of testimony, but before the proofs were complete, Dr. Laubach's attorney and counsel for other … him, the settlement contract entered into by the parties is fair and reasonable to the infant- plaintiff. If, after he …
njcourts.gov
… to the police, when defendant reached into the glove compartment to retrieve his credentials, three bricks of heroin fell to the floor, containing one hundred fifty glassine envelopes of heroin. He was charged with three … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
njcourts.gov
… DENIED EFFECTIVE ASSISTANCE OF COUNSEL AS A RESULT OF THE INCOMPETENT EFFORTS OF THE ATTORNEYS OF THE "PROJECT FREEDOM … N.J.S.A. 2C:18-2 (count eight); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … counsel's errors are sufficiently serious to deny him a "fair trial." The prejudice standard is met if there is "a …
njcourts.gov
… Plaintiff Lake Grinnell Association (the Association) commenced this collection action by filing a single-page … have undoubtedly suffered wear and tear over the years." Lastly, the judge determined the fees assessed by the … suggesting defendants have no obligation to contribute a fair share to the maintenance of the appurtenant easement …
njcourts.gov
… conflicts of interest that deprived him of his right to a fair trial. In addition, defendant claimed his appellate … with Helmer's law firm several years later. In his comprehensive written decision on defendant's PCR … "bald assertion . . . flies in the face of logic and common sense." We further agree with the PCR judge that …
njcourts.gov
… Martha Harris testified for the Division. Salima Gordon, a Community Engagement Specialist at the children's school, … or wide of the mark' [we] must intervene to ensure the fairness of the proceeding." Id. at 227 (quoting N.J. Div. … A determination of whether a parent's conduct "is to be classified as merely negligent, grossly negligent, or …
njcourts.gov
… (the Department) conducted a routine audit of the company and determined that plaintiff had improperly classified some of the pyrotechnicians it hired to run … plaintiff controlled the technicians' performance lacks fair support in the evidence. See Philadelphia Newspapers, …
njcourts.gov
… Gloucester County Prosecutor, attorney for respondent (Douglas Pagenkof, Assistant Prosecutor, and Monica Bullock, on … Brooks said the scales were kept in the passenger compartment. He did not explain why he possessed so many … jury's fact-finding function, and denied the defendant a fair trial, necessitating reversal. U.S. Const., Amend. VI; …
njcourts.gov
… DIVISION DOCKET NO. A-2251-15T1 NATIONWIDE LIFE INSURANCE COMPANY, Plaintiff-Respondent, v. MICHELE JOY THOMPSON, … made by Nationwide representatives. The transcript of the last recorded telephone conversation between her and a … told Thompson the policy would be reinstated. If anything, fairly interpreted, the content of the conversation suggests …
njcourts.gov
… was recorded on November 5, 2008. On the same date, after complying with the notice requirement of the Fair Foreclosure Act, N.J.S.A. 2A:50-56, Aurora filed a … to Bank of America NA, as trustee, successor by merger to LaSalle Bank NA, as trustee for Lehman XS Trust Mortgage …
njcourts.gov
… stood outside a friend's house in Elizabeth. Portillo was accompanied by five others, including one who swung a machete … suppression hearing, Elizabeth patrol officer Michael Nicolas, police received a dispatch fifteen minutes before … prosecutorial misconduct that deprives a defendant of a fair trial. See State v. Frost, 158 N.J. 76, 83-84 (1999). …
njcourts.gov
… May 31, 2017 adjudication of delinquency for acts that, if committed by an adult would constitute first- degree … On September 27, 2016, C.G. was charged under a juvenile complaint for acts which, if committed by an adult, would … "relied on the juvenile justice system's characteristics of fairness, concern, sympathy, and paternal attention in …
njcourts.gov
… Further investigation revealed defendant had also failed to comply with a November 19, 2014 order requiring the … charged offense. D. Had the prosecutor conducted a full and fair evaluation of Mr. Kaczowski and the charged offense, he … court acknowledged, the temporal proximity of defendant's last DWI conviction, his two other DWI convictions, and his …
njcourts.gov
… brain concussion, drug effects, sleep deprivation, or any combination thereof" which "is not a matter that can be … the defense could have called an expert who could have overcome the 2 Strickland v. Washington, 466 U.S. 668, 687-88, … the court's confidence that the "defendant's trial was fair, and that the jury properly convicted him." State v. …
njcourts.gov
… II THE LIMITING OTHER-CRIME EVIDENCE INSTRUCTION WAS INCOMPLETE, DEFECTIVE, AND PREJUDICIAL. (Not Raised Below). … defendant's arm, but defendant escaped his grasp and slashed his thigh, stomach, and right thumb with the knife. … prejudiced defendant's fundamental right to have a jury fairly evaluate the merits of his defense." State v. Smith, …