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… the girls again. Both disclosed that defendant also committed acts of vaginal penetration with his penis. C.R. … on a hidden camera. 4 A-1338-18T4 Investigators recovered a computer belonging to defendant from his aunt's home. The … to sever any count in an indictment, if joinder would unfairly prejudice a defendant or the State." State v. Silva, …
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… OF TAXATION, Defendant-Respondent/ Cross-Appellant. PULTE COMMUNITIES OF NJ, L.P., Plaintiff/Cross-Respondent, NOT FOR … October 10, 2019 – Decided September 9, 2020 Before Judges Fuentes, Haas and Mayer On appeal from the Tax Court of New … are home building and financial services. Q. Okay. So is it fair to say that in your view, any entity that isn’t in the …
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… racially discriminated against by his superiors. When she complained to her cousin's supervisor, Hector Mojica, about … (1960). "[W]hen [a] contract provision is inconsistent with fair and honorable dealing, contrary to sound policy and … yet occurred. In Hamilton, the Sixth Circuit found that a "last chance agreement" was not effective in waiving the …
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… department, was patrolling the Asbury Park Garden Apartment Complex. Sergeant Pettway testified at a pretrial … encounter from his approach until defendant began to run lasted "a few seconds." Pettway pursued defendant as he ran. … although improvident, does not undermine the overall fairness or integrity of the sentence. The sentence does not …
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… dwelling and a gas station. Schmidt stored automobiles on the property, and in connection with the sale to … favorable action on a variance application was only a recommendation to the municipal governing body for approval. … apply "where the interests of justice, morality and common fairness clearly dictate that course." 21 A-1075-18T2 …
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… JAMES HUFF, Plaintiffs-Respondents, v. CYPRUS AMAX MINERALS COMPANY and IMERYS TALC AMERICA, INC., … Defendants. Argued October 17, 2018 – Decided Before Judges Fuentes, Accurso and Vernoia. NOT FOR PUBLICATION WITHOUT … of the suit does not offend 'traditional notions of fair play and substantial justice.'" [Ibid. (citation …
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… on defendants convicted of certain predicate crimes committed while in possession of a firearm." State v. … the train station, and . . . set up . . . surveillance" accompanied by other EPD and Union County Prosecutor's Office … burden" for a hearing, nonetheless, she had conducted a "fairly comprehensive hearing because the [c]ourt . . . [had] …
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… Mikros found two Ziploc bags containing fifteen clear plastic bags of suspected marijuana tied in a knot. In the … discovery. The court denied the motion. The three-day trial commenced on August 1, 2017. Aside from determining whether … that errors were 'clear' or 'obvious.' Indeed, '[i]t [is] fair to infer from the failure to object below that in the …
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… medical examiner attributed the victim's cause of death to compression of the neck with a fracture of the larynx. 3 … with a plea agreement in which the State agreed to recommend a twelve-year prison term subject to the … 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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… pill bottles and inside the pill bottles and inside the plastic evidence bag, you have Oxycodone tablets. . . . . Q. … what we call, clear baggies or transparent baggies and they come smaller than this and this might be the next size up. 6 … Ibid. (alteration in original) (quoting State v. Fair, 45 N.J. 77, 86 (1965)). The Court has "recognized the …
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… Union and two (2) employees representing the Township shall comprise the safety and health committee. The Township 3 … that when a controversy between parties is once fairly litigated and determined it is no longer open to … on the merits of the claim.'" Id. at 150 (quoting Velasquez v. Franz, 123 N.J. 498, 505 (1991)). "Collateral …
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… property. He opined that the proposed home fit in with the common development scheme in the surrounding neighborhood. … and asserted the new home would provide no benefit to the community. Finally, several neighbors testified in … of review. See Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998). A …
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… entry of judgment therein, or by filing an answer to the complaint setting forth the defendant's defense, within … of discretion." Id. at 467 (citing DEG, LLC v. Twp. of Fairfield, 198 N.J. 242, 261 (2009)). To warrant 10 … which, alone should have barred any equitable relief. See Glasofer Motors v. Osterlund, Inc., 180 N.J. Super. 6, 13 …
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… "radioed that information" through the department's communication system. Atlantic City Police Officer Eric … that [O.G-F. had] described to [him]." That night, O.G-F. "complete[d] a show[-]up identification form," which was … suggest that the bench trial conducted at his request was unfair." State v. Jackson, 404 N.J. Super. 483, 491 (App. Div. …
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… MESADIEU POSSESSED DANGEROUS CONTRABAND, THE TRIAL COURT UNFAIRLY RESTRICTED MESADIEU'S CONSITUTIONAL RIGHT TO PRESENT A COMPLETE DEFENSE. (Partially raised below). POINT IV THE … TERM OF IMPRISONMENT. SUPPLEMENTAL POINT1 THE TRIAL COURT COMMIT[T]ED PLAIN ERROR BY CONTRADICTING THE BEYOND-A- …
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… Protection and Permanency (the Division) filed a verified complaint and order to show cause (OTSC) for custody of J.H. … The aggravating factors taken into account are significant lasting physical and psychological impact on [J.H.]. … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
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… YORK AND NEW JERSEY, Plaintiff-Appellant, v. RLI INSURANCE COMPANY, TECHNO CONSULT, INC., and MICHAEL FIUME, … We are required "to read the document as a whole in a fair and common sense manner." Ibid. (quoting Hardy ex rel. … as an aid to interpretation." Ibid. (quoting Templo Fuente de Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… parenting time with his mother, which was anticipated to last until the end of July. On June 23, 2020, defendant sent … to him. Since John remained in New Jersey and school was commencing in Virginia on August 24, 2020, defendant filed … compel discovery; and (9) any other factor bearing on the fairness of an award. … J.L. VS. R.G. (FM-06-0139-08, …
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… employed as a special police officer with the Borough of Fairview from January 1, 1995, until she resigned on January … PFRS, listing a January 1, 1995 "date of enrollment," encompassing eighty-one months of prior service. Starting in … that she has been enrolled in PFRS since January 1, 1995. Lastly, they argued that denying her early retirement …
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… Before Judges Vernoia and DeAlmeida. On appeal from the Commissioner of Education, Agency Docket No. 301-10/14. … The parties agree that all of the foregoing positions were classified titles under the Civil Service Act (the Act), … arbitrary, capricious or unreasonable, or that it lacked fair support in the evidence." In 9 A-0078-16T3 re Carter, …