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… IN THE ALTERNATIVE, REVERSAL IS REQUIRED BECAUSE THE COMBINED PREJUDICE RESULTING FROM SCANDIFFIO'S HIGHLY … PAST, DEPRIVED HENDERSON OF HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL. (NOT RAISED BELOW). A. THE PRIOR CRIMES EVIDENCE … decided Shepherd and one of the other detectives, Lash, would question Accetturo, while the third detective, …
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… Thereafter, the court filed an order denying PCR. In an accompanying statement of reasons, the court found that … errors were so serious as to deprive [him or her] of a fair trial, a trial whose result is reliable." Id. at 687. … at 10:26 p.m. on March 21, 2003, and a second call lasting one minute, which was initiated at 4:38 a.m. on …
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… 2C:21-25(b)(2); two counts of second-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a); third-degree uttering a … in the court's suggestion – necessitated by defendant's last- minute request for a suppression hearing and his … a loss; and (2) [t]he defendant is able to pay or, given a fair opportunity, will be A-1028-14T3 22 able to pay …
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… and Geiger. On appeal from the Public Employment Relations Commission, Docket No. IA-2016-003. Michael A. Bukosky … A. Bukosky, of counsel and on the brief). Steven W. Suflas argued the cause for respondent State of New Jersey, … RESTRICTIONS. POINT V THE STFA WAS DEPRIVED OF FUNDAMENTAL FAIRNESS AND DUE PROCESS WHEN IT WAS SURPRISED WITH A NEW …
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… a closet safe. Defendant was charged in an indictment with committing the following offenses "[o]n or about" December … WAS IMPROPER, PREJUDICIAL AND DEPRIVED DEFENDANT OF A FAIR TRIAL. 5 A-1144-15T3 II. Our review of a court's … to the United States Constitution and this state's common law, now embodied in statute, N.J.S.A. 2A:84A-19, and …
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… assault, and other offenses March 10, 2017 3 A-1993-14T4 committed in the incident. After appropriate mergers, they … Ed. 2d 104 (2007). Garcia also argues that he received an unfair trial based on various references during the case to … See, e.g., State v. Case, 220 N.J. 49, 65 (2014); State v. Fuentes, 217 N.J. 57, 73 (2014). In addition, 26 A-1993-14T4 …
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… CORPORATION SYSTEM, as representative, CORPORATION SERVICE COMPANY, as representative, and THE STATE OF NEW JERSEY, … brief; Edward A. Velky, on the brief). PER CURIAM In this commercial mortgage foreclosure matter, defendants Nassau … The court further found there was no evidence defendants unfairly profited from whatever delay there was in the …
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… arrearages at $19,499.73 as of June 9, 2016, and imposed income withholding on defendant's income from the Pop In Café. 5 A-3662-20 Defendant had trouble … It applies when a particular controversy has been fully and fairly adjudicated, which bars further litigation. …
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… Krakora, Public Defender, attorney for appellant (Laura B. Lasota, Assistant Deputy Public Defender, of counsel and on … trial.1 A jury convicted him of second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 15-1(a)(2) (count one); … that evidence, raises a reasonable doubt about the overall fairness of defendant's trial. We therefore reverse …
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… Submitted February 1, 2017 – Decided Before Judges Fuentes, Carroll and Gooden Brown (Judge Fuentes … is on the prosecution. [Emphasis added.] 4 A-2090-13T2 "combination" of English and Spanish. When the prosecutor … judiciary's mission to "provide equal access to a fair and effective system of justice for all without excess …
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… of Human Services, and the New Jersey Civil Service Commission, Docket No. 2018-3796. NOT FOR PUBLICATION … he asked A.C. several times to "please go back to [his] class" and only stood to restrain him after A.C. threatened … capricious, or 21 A-4909-18 unreasonable, or that it lacks fair support in the record, an administrative agency's final …
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… machinery scrap sales. He operated Quick Way Contracting Company (Quick Way) on property located on Tax Block 284, … courts have considered the threshold for standing to be fairly low.'" Ibid. (quoting Reaves v. Egg Harbor Twp., 277 … was no reason for the judge to sua sponte apply it. IV. Lastly, we reject defendant's argument that the judge erred …
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… the September 18, 2018 order that dismissed its amended complaint with prejudice following a jury trial, arguing the … plaintiff. PWA moved out of the premises, wound up its affairs and was officially dissolved as of February 23, 2015. … entitled to a judgment or order as a matter of law." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… SOFYA REZNIK, Plaintiff-Appellant, v. AMERICAN HONDA MOTOR COMPANY, INC., Defendant-Respondent. … to prove her own case, and to permit 12 A-5358-17T2 Honda a fair opportunity to defend, a reasonable person would have … (quoting Scanlon, 65 N.J. at 599). Over the years, "the automobile has increased in mechanical and electronic …
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… and Moynihan. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-307. Loccke Correia & Bukosky, … finding that its Division of Appeals & Regulatory Affairs (Agency Services) correctly determined the layoff … with the CSC. Id. slip op. at 7-8. As we described in our last opinion, the PBA filed a petition with the CSC on April …
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… sexual assault in exchange for the State's agreement to recommend: consecutive twenty-year sentences; dismissal of the … capacity because those defenses were in fact explored. Last, the court rejected defendant's claim his counsel was … 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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… counts of armed robbery, N.J.S.A. 2C:15-1; conspiracy to commit robbery, N.J.S.A. 2C:5-1 and N.J.S.A. 2C:15-1; … the Court explained that "[a] jury verdict rendered after a fair trial should not be disturbed except for the clearest … at the time of defendant's trial. 20 A-3549-18T4 Defendant last asserts that Wilson's December 9, 2016 affidavit …
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… an award of attorney's fees and costs. The original complaint in this matter asserted claims against defendant … THE UNDERLYING CLAIM AGAINST SGALIO AND GOLD, AND IT IS NOT FAIR OR REASONABLE TO CONCLUDE $20,000 WAS SPENT DEFENDING … 408 N.J. Super. 401, 408 (App. Div. 2009) (quoting Trocki Plastic Surgery Ctr. v. Bartkowski, 344 N.J. Super. 399, 406 …
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… D. Snyder, attorney; Stuart D. Snyder, on the brief). Nicholas F. Talvacchia argued the cause for respondent Victoria … LLC's ("Victoria") motion to dismiss their verified complaint in lieu of prerogative writ. We affirm in part and … only limitations are the considerations of reasonableness, fairness and good cause." In re 1982 Final Reconciliation …
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… ONLY ON CONFLICTING MOTION PAPERS AND HIS GUT FEELING, UNFAIRLY PREJUDICED . . . PLAINTIFF THROUGHOUT THE ENTIRETY OF … BEST INTERESTS OF THE CHILD[.] POINT VI THE SECOND JUDGE COMMITTED HARMFUL ERROR WHEN HE ALLOWED . . . DEFENDANT TO … (1) failed to disclose his receipt of $102,934 from IMobile on January 10, 2015; (2) failed to identify the …