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… further contended that he was unduly prejudiced by certain comments made by the State during summation and that his … the judge's direct involvement in prior cases. Id. at 15. Lastly, we rejected as without merit defendant's other … 231, 235 (3d Cir. 1982)). "The rule recognizes that the fairness and integrity of the judgment is as important as …
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… Submitted November 30, 2016 – Decided Before Judges Fuentes, Simonelli and Gooden Brown. On appeal from Superior … garage were scattered on the floor; he also heard noises coming from inside the house. Santos used his cellphone to … in sentencing as the Legislature intended, to facilitate fair and effective appellate review, and to ensure that the …
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… Law Division, Essex County, Docket No. L-7229- 14. John M. Vlasac, Jr., argued the cause for appellants (Vlasac and … all work" and "all construction materials used" to "ensure compliance with the Contract Plans and Specifications[.]" As … an equitable doctrine, founded in the fundamental duty of fair dealing imposed by law. The doctrine is designed to …
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… in other cases is limited. R. 1:36-3. 2 A-5080-15T4 In this commercial tenancy action, plaintiff Linwood Ave … entitled to a Marini hearing. We readily dispense with the last contention. When before the trial court, plaintiff … its own facts" so as to come to a result that is "just and fair to the landlord as well as the tenant." Ibid. A tenant …
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… to appear before the Beis Din of America (Beis Din) and comply with its procedures for providing defendant a Jewish … after the marriage and on May 14, 2015, plaintiff filed a complaint in the Supreme Court of the State of New York, … compel discovery; and (9) any other factor bearing on the fairness of an award. In this case, defendant sought an …
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… to suppress his statement to detectives as well as his accompanying handwritten letter of apology to the alleged … Salem County Prosecutor's Office (SCPO) Detective Nicholas Efelis testified for the State. Agent Brian Baker of the … questions." Further, "[t]he interview itself was conducted fairly well" by "trained" detectives. Nonetheless, because …
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… Cross-Appellants, v. AMERICAN EUROPEAN INSURANCE COMPANY, Defendant-Appellant/ Cross-Respondent, and ZEV … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … decision. McCoy was entitled to, but did not receive, fair warning AEIC intended to disclaim coverage. II. The …
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… from an order dated March 29, 2018, which dismissed their complaint with prejudice pursuant to Rule 4:6-2(e) for … We reverse. I. In October 2017, plaintiffs filed a complaint in the trial court, which they thereafter amended. … with a business proposal. At the time, JPT was employed by Fairleigh Dickinson University (the University) in a …
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… were both represented by counsel, accepted the agreement as fair and reasonable, and acknowledged entering into the PSA … certification, the investigator indicated that based on a computer search of current public records, K.C.'s name was … 5:25 [a.m.] Our office has also observed . . . K.C. come off the bus typically at 3:15 [p.m.] On several …
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… an order dated April 21, 2017, which denied his motions to compel the State to produce an inter-office memorandum … N.J.SA. 2C:18-2 (count five); second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2(a)(1) and 2C:15- 1 (count … plea agreement. Jesperson said the State decided “it was unfair to give the others probation for their lack of …
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… immune under the Act. 1 Plaintiff voluntarily dismissed his complaint against several other officers, and the owners of … for summary judgment, erred in relying on an internal affairs report of the incident, which Velez contends contained … offense, or certain other specified offenses, including automobile theft, or if the officer reasonably believed the …
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… and financial information created by Concepcion. He completed mortgage applications in the names of the straw … created by D'Anna and Concepcion, deemed the applications complete and turned them over to a lender. Relying on the … WITH THE STATE'S MISLEADING CLOSING ARGUMENTS, LED TO AN UNFAIR TRIAL. (Raised as Plain Error). A. The Crime of Money …
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… and weapons charges that the jury found him guilty of committing. At the ensuing trial, the State's witnesses … WAS PLAIN ERROR AND VIOLATED DEFENDANT'S RIGHT TO A FAIR TRIAL, BECAUSE THE RECORD PRESENTED OVERWHELMING … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… on his finger. On the morning of March 10, he did not comply with the facility's procedures when he went to … came back to receive his medication, he "started making comments." Officer Perez told defendant "if he were to … Because clear and correct jury charges are essential to a fair trial, State v. Adams, 194 N.J. 186, 207 (2008), …
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… APPELLATE DIVISION DOCKET NO. A-4888-14T1 EMIGRANT MORTGAGE COMPANY, INC., Plaintiff-Respondent, v. KAREN COSTA, … and Professional Abstract, "acting in concert, employed unfair trade practices to deceive [Costa] into engaging in a … arranged for Merit Finance to process her loan application. Lastly, she summarized the facts she later developed on the …
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… first-degree aggravated sexual assault, the State would recommend a twenty year term of imprisonment, subject to an … claims it took a year to retrieve his paperwork from the last paralegal who had been helping him, why his petition … to bar the expert's testimony. The attorney argued it was unfair to allow the expert to testify to any opinion that …
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… During this exchange, Sergeant Griffith used his flashlight to illuminate the vehicle and the driver. He … narcotics." He asked defendant "his name[] and where he was coming from." Defendant said his name was "Jonathan … TRIAL WAS DEFICIENT AND PREJUDICED [DEFENDANT'S] RIGHT TO A FAIR TRIAL. POINT FOUR THE PCR COURT ERRED IN DENYING …
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… BUT NOT HER DISSIMILAR ONE DEPRIVED DEFENDANT OF A FAIR TRIAL. (Not raised below). POINT II THE DRUG EXPERT'S … Lieutenant Steven Weitz observed defendant remove a plastic bag from her handbag and place it on a retaining … the Prosecutor's Office who had previously served as deputy commander of the NTF, as an expert witness in street level …
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… and Leone. On appeal from the New Jersey Civil Service Commission, Docket No. 2014-1210. Melvin M. Wright, Jr., … hold the title of Hearing Officer II[,] will remain in the classified service title of Senior Management Assistant. This … college associate's degree, and notions of fundamental fairness. The Commission reportedly responded to Plousis's …
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… Argued March 9, 2016 – Decided Before Judges Fuentes, Koblitz and Kennedy. On appeal from Superior Court … P.J.A.D. Plaintiff Dr. Fariborz Ashtyani's third amended complaint against defendants Critical Care Unit Resources, … tortious interference, breach of fiduciary duty, unfair competition, and civil conspiracy. After conducting …