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… which transferred counts three through eight of its amended complaint to the Law Division. It also appeals a January 30, … favor, dismissing counts one and two of the amended complaint seeking foreclosure; and discharging an open-ended … the doctrine allows a judge to fashion a remedy that is fair and just under the circumstances. Here, the judge …
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… the type of projectiles, and could only assort them by a "class" of calibers, including .357, .38, and 9-mm. Meisnest's … 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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… of an August 24, 2017 Family Part order, imputing income to him, denying his request to vacate child support … consideration: POINT I[2]: THE COURT ERRED IN IMPUTING INCOME TO [DEFENDANT] NOTWITHSTANDING [DEFENDANT] HAVING BEEN … . . . unemployed, without just cause, will promote a fair and just allocation of the child support responsibility …
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… Action (the 2008 PNDA), which charged him with conduct unbecoming a police officer, conduct unbecoming a public … untruthful to investigators) through June 30, 2011 (the last date of petitioner's pension contributions), in … where the interests of justice, morality and common fairness dictate that course. '" Ibid. (quoting Maltese v. …
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… Submitted September 25, 2019 – Decided Before Judges Fuentes, Haas and Enright. On appeal from the Superior Court … judgments permitted plaintiff C.B. to proceed on separate complaints to adopt Daniel and Annie. C.B. is the husband of … "must be exercised in a manner that permits a full and fair adjudication of the dispute and a prompt and equitable …
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… they arrived, defendant insisted that S.D. and her brother come inside. Defendant knocked on the door and another man … pled guilty to bail jumping in exchange for the State's recommendation of a maximum of three years imprisonment … 466 U.S. at 689). Regarding the first prong, a court must "fairly assess the reasonableness of an attorney's …
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… a 270-day period of jail time, required defendant to comply with the registration requirements of Megan's Law, … Forms" and defendant "initialed each page and signed the last pages of each section." The plea judge then reviewed … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… would make the other children watch. In November 2005, Kate complained at school that defendant slapped Sara in the back … Correct and adequate jury instructions are "essential for a fair trial." State v. Martin, 119 N.J. 2, 15 (1990). … for purposes of correcting a behavior, after that comes the last part where you also are considering harm. Court: If the …
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… DEPRIVED DEFENDANT OF HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL, REQUIRING REVERSAL OF HIS CONVICTIONS. POINT IV … When he walked away, she called and texted her sister to come and get her because she was afraid defendant would kill … to shock the judicial conscience.'" Ibid. (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)). Our review of the record …
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… arguments and affirm both orders under review. I. We commence our review with a discussion of the relevant legal … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. That … plea form with counsel, initialed each page, and signed the last page of the form. Like the Cumberland County matter, in …
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… four); two separate counts of first- degree conspiracy to commit kidnapping and robbery, N.J.S.A. 2C:5-2 (counts five … does not contain that notice of motion. 8 A-0227-18T4 accompanying documents[,]" and did not find "any merit" to his … 12 A-0227-18T4 353 (2012). As such, resentencing "does not fairly implicate defendant's rehabilitation efforts." See …
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… and Vernoia. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-977. Mario A. Iavicoli argued … 30, 2013 resignation pursuant to the settlement agreement. Last, Lemieux requested that DHS be directed to reimburse … capricious, or 8 A-4189-17T4 unreasonable, or . . . lacks fair support in the record." In re Herrmann, 192 N.J. 19, 28 …
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… Because we find that the entry of the judgments failed to comply with the procedural requirements of Rule 4:42-1, we … the youngest was born in 2009. Plaintiff filed a divorce complaint in August 2016. Defendant filed an answer and … by the parties. The parties are satisfied the terms are fair and equitable under all the circumstances. I make no …
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… their motion to vacate the final judgment and dismiss the complaint. We affirm in part, vacate in part, and remand … and thereafter. Consequently, and in accordance with the Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68, U.S. Bank's … to the trial judge's conclusions on issues of law. Nicholas v. Mynster, 213 N.J. 463, 478 (2013). "The only material …
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… and GERASIMOULA ECONOMOU, NEWPORT SUNRISE, CORP., FAIRGATE ESTATE DEVELOPMENTS INC., BELGATE ESTATE … order dismissing with prejudice the remaining counts of his complaint but did not address that order in his brief. "An … four days he would provide plaintiff with "a full and complete abstract of title showing a marketable fee simple …
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… and Natali. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-1865. Robert K. Chewning argued … it is arbitrary, capricious, or unreasonable or it lacks fair support in the record as a whole. Ibid. A strong … protected activity or discrimination against a protected class, such as discrimination because of race, sex, or age, …
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… axiomatic that appropriate jury charges are "essential to a fair trial." State v. Savage, 172 N.J. 374, 387 (2002) … in accordance with a deferential standard." State v. Fuentes, 217 N.J. 57, 70 (2014). In our review, we "must not … factors found by the sentencing court were not based upon competent and credible evidence in the record; or (3) "the …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2016-1756. Christine M. … from a November 25, 2016 order entered by a judge of compensation concluding that injuries she sustained in a … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trustees, …
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… A-5603-16T1 A-5604-16T1 A-0151-17T1 A-0152-17T1 THE PLASTIC SURGERY CENTER, PA, Plaintiff-Appellant, v. MALOUF … of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2014-28615, 2015- 120, … N.J. Super. 96, 102 (App. Div. 1963). One would therefore fairly expect that if the Legislature intended such a sea …
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… Argued November 1, 2017 – Decided Before Judges Fuentes, Manahan and Suter.1 On appeal from Superior Court … to dismiss the remaining counts in the indictment and recommend that the court sentence defendant to a term of 2 In … passes after conviction, the difficulties associated with a fair and accurate reassessment of the critical events …