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… Wilson and Clara Amaya, for second- degree conspiracy to commit robbery, N.J.S.A. 2C:15-1(a)(2) and 2C:5-2 (count … was "not given a meaningful opportunity to have a full and fair [PCR] hearing with his claims advanced by counsel." Our … showing defendant's blood was found at the scene of the last robbery during which defendant had been shot by the …
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… aggravated arson and second-degree conspiracy to commit aggravated arson in June 2007. Defense counsel did … (Kim). Defendant, holding an object wrapped in a black plastic bag simulating a gun, ordered Carl to lift up his … and violated his due process rights and deprived him of a fair trial. U.S. Const. amends. VI, XIV; N.J. Const. art. 1, …
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… Part order denying his application to file a third-party complaint impleading his emancipated son, Edmund, as a … obligor" for four "Parent Plus loans[2] so each son could complete college." Edmund "complete[d] five to six years at … compel discovery; and (9) any other factor bearing on the fairness of an award. Applying these principles, we discern …
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… to the procedural safeguards set forth in Rule 4:23-5 and comply with Rule 1:7-4(a) when entering judgment, we are … prejudice. And, as it did with all motions except the last, the trial court did not set forth its reasoning. See Klajman v. Fair Lawn Ests., 292 N.J. Super. 54, 61 (App. Div. 1996) …
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… 2016 and signed a retainer agreement. The agreement was accompanied by an engagement letter intended to "confirm the … accord no deference to the trial judge's conclusions. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). Defendant contends … if it appears that they meet a prima facie test of fairness and reasonableness." Alpert, 410 N.J. Super. at …
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… insulting defendant. She explained that while in the common hallway defendant pushed her against the wall and … is presented and there is nothing that detracted from the fairness of the grand jury proceeding." State v. Scherzer, … has a duty to see that justice is done." State v. Polasky, 240 N.J. Super. 139, 146 (App. Div. 1990) (citations …
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… Leonard D. Weiss, on the brief). PER CURIAM In this automobile accident case, defendant County of Middlesex appeals … an expert." The judge also found because the accident was committed less than one year prior to the filing of the … . . to 'raise the bar for the filing of late notice from a fairly permissive standard to a more demanding one.'" Leidy, …
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… her spouse, Plaintiffs-Appellants, v. FORSGATE INDUSTRIAL COMPLEX a/k/a FORSGATE INDUSTRIAL COMPLEX, LP, FORSGATE … to the trial judge's conclusions on issues of law. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). Plaintiff contends … the harm, 'the public interest,' and ultimately 'notions of fairness' and 'common sense.'" Id. at 496 (Albin, J., …
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… at 4. He explained he was in the parking lot of a housing complex in Jersey City when he heard a commotion and saw people running. Ibid. He did not elaborate … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable," id. at 687, …
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… summary judgment dismissal of the transgender plaintiff's complaint under the New Jersey Law Against Discrimination, … rights under the LAD were violated but did not award him compensatory damages. The trial court, which did not grant … documents, the JCPD, as well as plaintiff, was not given a fair opportunity to brief the reasonableness and scope of …
DCPP VS. K.F., E.H., AND J.F., IN THE MATTER OF J.F., I.F., K.F., E.F., A.F., A.F., AND J.F. (FN-13-0097-18, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) - Unpublished
Opinions
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… near his right eye, causing a laceration and a bruise that lasted for days. Jay contends the court's decision was … the Division interceded, testified that the injury was "fairly wide and deep" and "could have used a few stitches to … issues of law de novo. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Defendant …
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… litigants' rights. Plaintiffs claim defendants failed to comply with an October 27, 2017 consent order, which … to plaintiff Inselberg Interactive, LLC (Interactive), a company owned by Inselberg.1 The parties memorialized the … 14 A-3511-18T3 performance or damages in the amount of the fair market value of the unreturned items.4 We next turn to …
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… business through an entity known as United Excavating Company. When, in the 1970's, litigation arose with his … a new company that conducted the same type of business, Dallas Contracting. To avoid entanglement with the litigation … a far better position than this court to ascertain what was fair and reasonable under the circumstances. Because the …
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… from the trial court's orders denying her motion, and concomitant motion to reconsider that denial, including her … insurance, travel-team expenses and a driver's education class—defendant did not provide the trial court with a budget … compel discovery; and (9) any other factor bearing on the fairness of an award. [Ibid.] Defendant argues she is …
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… planning and engineering experts, and their extensive comments were contained in two reports to the Board and … Plaintiff, the owner of neighboring property, filed a complaint in lieu of prerogative writs, challenging the … voting in proceedings before the Board. See, e.g., Smith v. Fair Haven Zoning Bd. of Adjustment, 335 N.J. Super. 111, 10 …
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… AN 1 "An 'open plea' [i]s one that d[oes] not include a recommendation from the State, nor a prior indication from the … 353, 358–59 (1979). While recognizing that a defendant in fairness should be advised of "a reasonable likelihood of … competent and credible evidence in the record[.]" State v. Fuentes, 217 N.J. 57, 70 (2014). We will affirm the sentence …
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… hands out of his pockets. As defendant did so, a single glassine bag of heroin fell out of his pocket. Brito secured … (count seven); second-degree possession of a weapon while committing a CDS offense, in violation of N.J.S.A. … seeking an extended term in order to give the defendant a fair opportunity to meet that claim." State v. Thomas, 195 …
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… a mandatory faculty meeting. The meeting took place after classes had been dismissed and after-school activities … tell the principal I fell?" Vina explained, "I'm not gonna come back in because, I'm just gonna get out of here, … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… prosecutor's office, in the mid-1990s, recruited inmates to commit perjury by fabricating jailhouse admissions of other … the Court explained that "[a] jury verdict rendered after a fair trial should not be disturbed except for the clearest … is of sufficient weight that it would probably alter the outcome of the verdict in a new trial." Id. at 187–88; see also …
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… LLC, is a servicer for EFS Credit Trust1 which finances commercial vehicle purchases. On October 27, 2014, plaintiff … [e]quipment is a vehicle, also enclosed is a copy of the completed and executed application to title the [e]quipment … lien; a breach of the implied covenant of good faith and fair dealing; and allegations plaintiff was injured by all …