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njcourts.gov
… Submitted October 11, 2016 – Decided Before Judges Espinosa and Suter. On appeal from Superior … surety on the bond, First Indemnity of America Insurance Company. The Agreement required defendant to "pay all . . . … in the notice of appeal that are subject to the appeal process and review."). Defendant's Case Information …
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njcourts.gov
… Submitted March 21, 2017 — Decided Before Judges Koblitz and Sumners. On appeal from the Superior … rider to his August 27 order. We add only limited comments regarding three of the issues raised by defendant. … HARMFUL TESTIMONY DENIED DEFENDANT HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL. (Partially raised below) A. …
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njcourts.gov
… Submitted February 16, 2017 – Decided Before Judges O'Connor and Whipple. On appeal from Superior … 181 N.J. 391, 419 (2004) (quoting Manalapan Realty v. Twp. Comm., 140 N.J. 366, 378 (1995)). To prevail on a claim of … 215 N.J. Super. 540, 545-46 (App. Div. 1987) (noting "due process guarantees a criminal defendant effective assistance …
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njcourts.gov
… Argued October 16, 2017 – Decided Before Judges Messano, Accurso, and Vernoia. On appeal from … the . . . Tribunal decision due to a mistake in law or computation thereby affecting the legal conclusion of the . … fact-finding body. Neither the statute nor procedural due process requires a hearing at any particular stage as long …
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njcourts.gov
… Submitted February 13, 2018 – Decided Before Judges Carroll and Mawla. On appeal from Superior Court … counsel was ineffective for failing to file a motion to compel discovery, namely, a surveillance video he claimed … death sentence resulted from a breakdown in the adversary process that renders the result unreliable. [Strickland v. …
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njcourts.gov
… Submitted January 3, 2022 – Decided January 10, 2022 Before Judges Vernoia and Firko. On appeal from the Superior … the DWI charge, in exchange for the State's agreement to recommend dismissal of the four other charges. During his plea … v. V & A Bros., 208 N.J. 114, 127 (2011)). This 8 A-4379-19 process begins with the statutory language. Ibid. "[Courts] …
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njcourts.gov
… Submitted May 17, 2021 – Decided July 19, 2021 Before Judges Sabatino and Gooden Brown. On appeal from the … two 3 A-3907-19 counts of second-degree aggravated assault, comprising one count for each victim. Judge Benjamin C. … counsel was not ineffective with respect to the sentencing process. We have already upheld the sentence as …
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njcourts.gov
… Submitted October 2, 2019 – Decided October 9, 2019 Before Judges Sabatino and Natali. On appeal from the Superior … expert, Dr. Carolina Mendez, Ph.D. Dr. Mendez recommended termination of the father's parental rights, … paternal aunt and uncle expressly asked to end the adoption process and have Heather removed from their home. Moreover, …
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njcourts.gov
… Argued September 23, 2019 – Decided October 2, 2019 Before Judges Geiger and Natali. On appeal from the Board of … the prison entrance and reported the incident to her shift commander. She was sent to the hospital for examination and … in those cases, the ALJ found Hickson "was in the process of walking the approximate[ly] two blocks to the …
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njcourts.gov
… Argued September 17, 2018 – Decided Before Judges Haas and Sumners. On appeal from Superior Court … violation of law punishable by a period of incarceration, commits an offense if, without lawful excuse, he fails to … lead to one clear and unambiguous result, the interpretive process comes to a close, without the need to consider …
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njcourts.gov
… Argued May 9, 2017 – Decided June 20, 2017 Before Judges Fisher, Leone and Moynihan. On appeal from the Division of Worker's Compensation, Department of Labor, Claim Petition No. … anymore operation with that unit," because the snow removal process was completed. He drove his own vehicle to the …
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njcourts.gov
… Submitted October 15, 2019 – Decided Before Judges Rothstadt and Mitterhoff. On appeal from the New … provide it to her. DMAHS did not respond, and it ceased all communications with K.P. This appeal ensued. On October 18, … adequately detailed K.P.'s right to a fair hearing, and the process by which he could request a fair hearing. II. We …
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njcourts.gov
… Argued November 14, 2019 – Decided Before Judges Mayer and Enright. On appeal from the New Jersey Public Employment Relations Commission, PERC No. 2019-27. Jeffrey R. Caccese argued the … Association's failure to raise issues during the grievance process, and any contractual defenses offered by the Board …
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njcourts.gov
… Submitted March 1, 2018 – Decided May 4, 2018 Before Judges Rothstadt and Gooden Brown. On appeal from … acceptance into PTI is dependent upon an initial recommendation by the Criminal Division Manager and consent of … the applicant. The Supreme Court explained the evaluation process as follows: The assessment of a defendant's …
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njcourts.gov
… DOCKET NO. A-2264-16T2 WELLS FARGO BANK, N.A., as Trustee for Option One Mortgage Loan Trust 2007-3, Asset-Backed … We affirm. Wells Fargo initially brought a foreclosure complaint on November 12, 2012, as a result of defendants' … rigid requirements that must be met in every case for due process demands to be satisfied." Id. at 473. The court …
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njcourts.gov
… v. AA CONSTRUCTION 1 CORPORATION d/b/a AA CONSTRUCTION COMPANY, Defendant-Appellant, and AMERICAN RETAIL … Argued September 26, 2017 – Decided Before Judges Reisner, Hoffman and Mayer. On appeal from … omitted). AA argued it complied with service of process requirements under N.J.S.A. 2A:44A-7, which requires …
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A-17-24 Respondent Response To Amicus Brief
Briefs
njcourts.gov
… MATTHEW J. PLATKIN ATTORNEY GENERAL OF NEW JERSEY ATTORNEY FOR PLAINTIFF-RESPONDENT RICHARD J. HUGHES JUSTICE COMPLEX TRENTON, NEW JERSEY 08625 JENNIFER E. KMIECIAK … the vagueness doctrine, the rule of lenity, and due process. The Court described the rule of lenity as “a sort …
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njcourts.gov
… Submitted April 10, 2024 – Decided April 25, 2024 Before Judges Susswein and Vanek. On appeal from the Superior … judgment in favor of defendant Franklin Mutual Insurance Company (FMI).1 The sole issue before us is whether the … for filing any proper paper, the issuance and return of process, the making of motions, the entering of orders and …
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njcourts.gov
… Submitted April 8, 2024 – Decided April 29, 2024 Before Judges Sabatino and Vinci. On appeal from the Superior … HE WAS DENIED A FAIR TRIAL THE ONLY DEFENSE WITNESS WAS COMPELLED TO TESTIFY IN RESTRAINTS IN FRONT OF THE JURY, HE … FAILURE TO FOLLOW THE HOLDING IN ARTWELL DENIED HIM DUE PROCESS. Having considered these arguments, we affirm the …
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njcourts.gov
… Submitted April 8, 2024 – Decided April 17, 2024 Before Judges Marczyk and Vinci. On appeal from the Superior … from the record. On October 26, 2021, plaintiff filed a complaint against defendants alleging that on November 12, … to enter summary judgment and violated his right to due process. Plaintiff argues defendants' uncured default and …