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… to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). … to Elisha’s home. Upon their arrival, Elisha packed a plastic bin and garbage bag in the rear of Gibson’s car. … irrebuttable 23 presumption that a defendant’s right to a fair trial would be prejudiced.” United States v. Marion, …
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… may not have been summarized.) David Spade v. Select Comfort Corp. (A-57-16) (078611) Argued November 8, 2017 -- … Circuit’s certified questions arise from two putative class actions brought under the Truth-in- Consumer Contract, … under the TCCWNA? In 1995, the Division of Consumer Affairs proposed and adopted regulations governing the …
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… loaded with eight rounds. The State charged defendant in a complaint-warrant with second-degree unlawful possession of … (Joseph E. Krakora, Public Defender, attorney; Laura B. Lasota, Assistant Deputy Public Defender, of counsel and on … to design appropriate pretrial procedures that “provide a fair and reliable determination of probable cause as a …
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… to establish the identification of the actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). … to Elisha’s home. Upon their arrival, Elisha packed a plastic bin and garbage bag in the rear of Gibson’s car. … irrebuttable 23 presumption that a defendant’s right to a fair trial would be prejudiced.” United States v. Marion, …
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… Kavanaugh, the initial zoning officer. The nub of Harz’s complaint is that she had to expend substantial funds to … the Board to provide Harz with the opportunity to be heard. Last, because an interested party’s right to be heard is … Ibid. Indeed, we may review the statute “with fresh eyes.” Fair Share Hous. Ctr., Inc. v. State League of …
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… Realty Group Cedar v. Travelers Excess and Surplus Lines Company (A-85-15) (077617) Argued January 31, 2017 -- … Flood Zone A according to National Flood Insurance Program classifications. Oxford entered into an insurance contract … 99, 118 (2014) (“Contracts should be read ‘as a whole in a fair and common sense manner.’” (quoting Hardy ex rel. …
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… test, the Court considers whether its admission was accompanied by a sufficient limiting instruction. Immediately … acts for which no criminal conviction had been obtained. Lastly, defendant urges this Court to uphold the Appellate … to divert the minds of the jurors from a reasonable and fair evaluation’ of the issues in the case.” Long, supra, …
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… suspension of State pension cost-of-living adjustments (COLAs), L. 2011, c. 78, contravened a term of the contract … rose, retirees who retired after 1952 watched their fixed incomes drop in real terms. The Legislature responded in the … intent to create a non-forfeitable right to COLAs. Fairly viewed, the parties’ many arguments are reasonable. …
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… systems’ unfunded liabilities over a period of years. The combination of these amounts is known as the annually … called for by the statute. 1. No analysis of this matter fairly can commence without initially recognizing the … financial obligation, above a certain amount and lasting year to year, is not created, without voter …
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… of the dealership’s loaner vehicles notwithstanding the compulsory bodily injury liability coverage required for all … injuries as a result. GEICO insured Aquilar through an automobile policy that provided liability coverage of $15,000 … of increased costs on the dealer, as a matter of simple fairness, the costs of injuries to third parties should be …
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… until entry of final judgment, including the whole of the last day upon which judgment is entered.” (emphasis added). … before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … the regulations of New Jersey’s Department of Community Affairs, and “is not the final policymaker in the area of tax …
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… until entry of final judgment, including the whole of the last day upon which judgment is entered.” (emphasis added). … before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … the regulations of New Jersey’s Department of Community Affairs, and “is not the final policymaker in the area of tax …
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… considers whether the trial court properly dismissed the common law claims of conversion and negligence that Dr. … conversion, and breach of their duties of honesty and fair dealing, as well as against Lembo’s certified public … intent, then our interpretive mission comes to an end. Nicholas v. Mynster, 213 N.J. 463, 480 (2013). Only when the …
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… for several luxury high-rise apartment buildings, multiple commercial retail units, parking garages, a park, and a … cause for amicus curiae New Jersey Builders Association (Flaster Greenberg, attorneys; Robert M. Washburn, of counsel … of government.” Rumson Estates, Inc. v. Mayor & Council of Fair Haven, 177 N.J. 338, 349 (2003). The Legislature …
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… in violation of his federal constitutional rights. At the completion of discovery, Detective Martinez moved for … that, during the chase, he lost sight of Baskin, who he had last seen carrying a handgun. After carefully and slowly … the “salient question” is whether the law gave the officer “fair warning” that his conduct was unlawful). C. Under the …
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… falsifying records, and other offenses following an automobile stop gone awry. In this appeal, the Court considers … that Trinidad’s actions “appeared to have been criminal” unfairly influenced the jury and prejudiced Trinidad’s trial. … Sean Courter’s report stated that Jeter refused “multiple commands to shut off the vehicle and show me his hands,” and …
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… N.J.S.A. 2A:25-1 and N.J.S.A. 46:9-9, as well as common-law assignment principles, the Court holds that … also generate results that are arbitrary, unworkable, and unfair. In short, N.J.S.A. 12A:3-309 does not nullify … authorizes enforcement of a lost note only by the last party that had a right to enforce the note and actually …
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… set forth in N.J.S.A. 2C:25-28(j) and a 2002 case is incompatible with the Fourth Amendment and Article I, … Constitution. In June 2012, D.S. filed a domestic violence complaint against defendant James Hemenway and requested a … of the Court would have remanded and given the “parties a fair opportunity to address the constitutionality of the …
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… issues, Fowler’s counsel asked for a “self-defense slash accident” instruction, acknowledging the court’s … Although explicitly stating that an accidental death is incompatible with a conviction for murder would not have been … to how to treat defendants’ evidence, depriving them of a fair trial. III. We begin our analysis with the debate over …
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… A new trial is warranted only where the jury could have come to a different result had it been correctly instructed. … principle known as “mode of operation.” See Nisivoccia v. Glass Gardens, Inc., 175 N.J. 559, 563-65 (2003); Wollerman … and proper charges to a jury are essential for a fair trial.’” Velazquez ex rel. Velazquez v. Portadin, 163 …