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njcourts.gov
… had once been a police informant. In his certification accompanying this motion, defendant asserted, "Had I known … of the undisclosed evidence the defendant received a fair trial, "understood as a trial resulting in a verdict … inquiry into the voluntariness of defendant's confession. Lastly, we reject defendant's argument that there is a …
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njcourts.gov
… to conduct a Rule 104 hearing, failed to develop a complete record permitting appellate review. I. We begin by … companies for breach of contract, breach of good faith and fair dealing, unjust 6 A-1249-19 enrichment, conversion, and … legal analysis. RSI Bank, 234 N.J. at 472 (quoting Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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njcourts.gov
… any charges. On April 3, 2018, plaintiff filed a five-count complaint alleging that: (1) the Passaic defendants: … plaintiff testified that he was employed as an ACO in Fair Lawn before a reorganization terminated his employment. … Conley v. Guerrero, 228 N.J. 339, 346 (2017) (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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njcourts.gov
… been received by defense counsel. Since discovery was forthcoming, the municipal court judge (MCJ) scheduled a status … himself and illuminated the interior of the Hyundai with flashlight. Oberberger observed an unzipped red case on … AFTER A TRIAL DE NOVO BECAUSE HE WAS DENIED HIS RIGHT TO A FAIR TRIAL UNDER THE NEW JERSEY AND UNITED STATES …
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njcourts.gov
… report, Thompson indicated he heard a "metal popping" sound coming from defendant's car, which was "indicative of a … at the top of the stairs and called down to defendant to come up from the basement. When defendant entered the … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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. … a0569-20.pdf … A-0569-20 …
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njcourts.gov
… St. Peter's University Hospital and dismissing her complaint for failing to establish a prima facie case under … viewed in the light most favorable to plaintiff. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … (count one); (2) breach of the covenant of good faith and fair dealing (count two); and (3) age discrimination under …
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njcourts.gov
… by attempting to delete images of child pornography from a computer, with the purpose of impairing its verity or … 31, 2018, our Supreme Court held that Child Sexual Abuse Accommodation Syndrome (CSAAS) evidence "no longer . . . has a … admission of the CSAAS evidence did not deny defendant "a fair decision on the merits" on counts seven and eight of …
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njcourts.gov
… 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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njcourts.gov
… THE POLICE OFFICERS SEIZED THE GUN FROM DEFENDANT'S AUTOMOBILE WITHOUT A WARRANT AND UNDER CIRCUMSTANCES WHERE THE … IN CHARGING THE JURY CONCERNING DEFENDANT'S ATTEMPTING TO COMMIT MURDER WHERE HE DID NOT COMPLETE THE CRIMINAL ACT NOR … of the crime and firmly grounded in the record." State v. Fuentes, 217 N.J. 57, 63 (2014). The acts committed by …
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njcourts.gov
… G.Y.'s employment as a police officer after finding he had committed disciplinary infractions, including two counts of … 2014, the Township's police department began an internal affairs investigation of the June 18, 2014 incident. As part … and that she recognized her signature on the document. Lastly, the statement concerns a matter of which K.Y. had …
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njcourts.gov
… a juvenile, was adjudicated delinquent for an act which, if committed by an adult, would constitute the crimes of … ALIBI WITNESSES THEREBY DENYING THE JUVENILE HIS RIGHT TO A FAIR TRIAL. (Raised below in part). POINT II: THE COURT … with his accomplice in the passenger seat. The encounter lasted approximately five minutes. 4 A-4099-16T4 At …
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njcourts.gov
… involving J.S., and the contents of a domestic violence complaint. These documents contained the following facts. On … documents, and in hindsight, he probably should have. Last, J.S. did not disclose on the written application that … of its fact concerning abstinence. Had he been given a fair opportunity to respond, perhaps he would have adduced …
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njcourts.gov
… See 45 U.S.C. § 51. FELA provides in pertinent part: Every common carrier by railroad . . . shall be liable in damages … by a perimeter fence, when he stepped in a hole in the ballast – the stones that surround and hold the railroad cross … numbered section. A proper jury charge is essential to a fair trial. Pressler & Verniero, Current N.J. Court Rules, …
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njcourts.gov
… PER CURIAM In 2015, plaintiff CP#1109, LLC filed an amended complaint against defendants Continental Motors, Inc. (CMI) … of $60,991. Plaintiff rejected the offer and reiterated last day of trial, ruling that he had "no separate interest" … We disagree. Proper jury charges are essential to a fair trial, Reynolds v. Gonzalez, 172 N.J. 266, 288 (2002), …
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njcourts.gov
… Defendant then picked her up and called the boys to accompany him to the hospital. [Id. at 480.] At the hospital, … 384 U.S. 436 (1966). 4 A-2272-17T4 Id. at 484. The police completed their investigation without filing any charges … support. If after investigation counsel can formulate no fair legal argument in support of a particular legal claim …
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njcourts.gov
… Jeshon Johnson with second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-1, N.J.S.A. 2C:25-1(b) (count … trials.2 On February 29, 2016, the motion judge3 rendered a comprehensive written opinion denying defendant's motion to … remain joined, "so long as the defendant's right to a fair trial remains unprejudiced." Id. at 298. The proper …
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njcourts.gov
… both orders. I. We derive the following facts from the competent evidence in the record. Defendant's mother, Helen … The decedent died testate on June 8, 2012. Under her Last Will and Testament, her daughter, defendant Kathleen … not have protected themselves against. DEG, LLC v. Twp. of Fairfield, 198 N.J. 242, 263 (2009). Defendant's inability …