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… 2017. Particularly that defendant stalked the victim and committed the charged offenses. The evidence included … DEPRIVING DEFENDANT OF HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL. A. The Trial [Judge's] Instruction Failed [T]o … [O]f Robbery Defendant Must Have Formed [T]he Intent [T]o Commit Theft Before [A]ny Intimidation [O]f W.K. Occurred. …
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… J.F. appeals from an April 14, 2020 order finding that he committed an act of sexual abuse against his stepdaughter, … began touching her and tickling her. L.B. said that the last time he touched her was when she was thirteen or … the deficiency prejudiced him in any way, deprived him of a fair trial, or changed the outcome of the proceeding. See …
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… and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2471. Zinovia H. Stone argued … General, attorney for respondent New Jersey Civil Service Commission (Debra A. Allen, Deputy Attorney General, on the … it is arbitrary, capricious, unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, …
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… time and four years of probation. The State agreed to recommend the dismissal of numerous counts of the indictment. … recommendations as to sentence and the like.'" State v. Fuentes, 217 N.J. 57, 70-71 (2014) (quoting State v. Davis, … v. Melvin, 248 N.J. 321, 326 (2021) (holding "fundamental fairness prohibits courts from subjecting a defendant to …
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… fees, exceeds fifty-five percent of his weekly disposable income, in violation of federal law. We affirm. I. We … taken an unreasonable approach to this litigation. Whether fueled by animosity or bad advice, he has taken … Dr. Hagovsky. As to "any other factor bearing on the fairness of an award," he found defendant was "stoic" while …
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… conviction for second- degree possession of a firearm while committing a violation of N.J.S.A. 2C:35- 5, N.J.S.A. … whether, given all the circumstances . . . there is a fair probability that contraband or evidence of a crime will … v. Trinidad, 241 N.J. 425, 453 (2020) (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)). We ordinarily defer to the …
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… aggravated manslaughter, and the State agreed to recommend defendant receive a twenty- five-year prison term, … adherence to the principle that a defendant must provide a comprehensive factual basis for a plea, addressing each … whether the judicial system has provided the defendant with fair proceedings leading to a just outcome. 'Fundamental …
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… an eight- track player belonging to the victim. Following a competency hearing, the Family Part judge granted the … of others. More characteristically, . . . [t]hey may feel unfairly treated and easily provoked to anger. Their façade of … Having reviewed the transcript of the hearing, which lasted nearly an hour and twenty minutes, it is clear to us, …
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… that term. On appeal, defendant argues that the trial court committed plain error in three separate aspects of its jury … to police. He told detectives that before November 14, the last time he spoke with or saw Janaki was about two months … OR KNOWINGLY. COMPOUNDING ITS ERROR, THE TRIAL COURT UNFAIRLY EMPHASIZED IN ITS CHARGE FACTS AND EVIDENCE THAT …
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… November 5, 2020 – Decided October 13, 2021 Before Judges Fuentes and Whipple. On appeal from the Superior Court of … of 1991 (PDVA), N.J.S.A. 2C:25-17 to -35, in response to a complaint filed by plaintiff I.M.R. and a subsequent … and procedural due process protections associated with a fair trial. D.N. v. K.M., 429 N.J. Super. at 606. Distilled …
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… N.J.S.A. 2C:35-7.1 (count seven); he was also charged in a complaint- warrant with possession of marijuana, N.J.S.A. … passes after conviction, the difficulties associated with a fair and accurate reassessment of the critical events … interview despite mailed notices to each of defendant's two last known addresses and the probation officer's reminder …
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… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2016-912. Jacqueline M. Vigilante … General, attorney for respondent New Jersey Civil Service Commission (Craig S. Keiser, Deputy Attorney General, on the … it, along with the collected photographs, to the Internal Affairs (IA) mailbox. Connors was unaware whether IA received …
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… Fisher, DeAlmeida and Smith. On appeal from the New Jersey Commissioner of Education, Docket No. 119-5/18. Marc H. … as a "replacement." That construction reasonably and fairly ensures that a person being offered specific … teachers, we find tenured full-time teachers, a class of employee with substantial protections tenure a …
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… the point that you could return to employment and thereby comply with the provisions of N.J.S.A. 43:15A-22. The Bureau … from various medical providers before April 29, 2019. Lastly, Rooth contends PERS should have ordered an … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police …
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… signed to enter a trampoline park. He appeals from an order compelling his personal-injury claims to arbitration and … enforceable. We, therefore, affirm the portion of the order compelling arbitration of the claims against defendants Sky … and, Policy On Consumer Minimum Standards Of Procedural Fairness. The Agreement also contained a severability …
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… security widow's benefits that allegedly limited the income she could earn.1 Bayada first became aware of … in school, which would mostly entail "just sitting in the [classroom] with them." Bayada had "a lot of cases" of that … AND FAILING IN CONSTITUTIONAL DUE PROCESS AND FUNDAMENTAL FAIRNESS. POINT III THE INTERPRETATION OF THE AGENCY …
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… argues the trial judge erroneously admitted her statements. Lastly, defendant claims inaudible references in the … the interview. She told the detectives she did not come forward about the abuse sooner because she was worried … 157, 166 (App. Div. 1974)). To ensure due process and fairness when a proceeding's verbatim record is inadequate, …
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… On direct appeal, defendant argued the trial court committed plain error by: allowing the alleged trafficking … PCR court found this argument unavailing "because the outcome would have been the same regardless of whether the … prong of Strickland that they deprived the defendant of a fair trial a trial whose result is reliable. The PCR court …
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… not to possess firearms," and "employing a juvenile in the commission of a crime." Subsequently, on August 31, 2021, … dismiss the remaining counts in the indictment and recommend that the sentence imposed run concurrent with any … reason, "[t]he quality of counsel's performance cannot be fairly assessed by focusing on a 13 A-3787-23 handful of …
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… became addicted to oxycodone and heroin, which allegedly fueled his crimes. On November 27, 2022, Gittens became … which were "serious in nature," and resulted in "loss of commutation time" and "[a]dministrative [s]egregation"; and … Robert Goodale and Keri Cody, which violated his right to a fair hearing. He asserts Goodale refused to allow him to …