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… Sergeant Miller interviewed the victim's daughter, who had last seen the victim on the evening of April 6, had been … how the victim was afraid of defendant, who had made sexual comments to her and tried to get in her house. The neighbor … whether, given all of the circumstances, "there is a fair probability that contraband or evidence of a crime will …
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… his job through the mayor at the time, but the ZBA, in compliance with the Municipal Land Use Law, N.J.S.A. … and whether services are offered to the public." The last category includes "factors [that] illustrate how the … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." (quoting In re Herrmann, 192 …
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… Submitted October 6, 2016 – Decided Before Judges Fuentes, Carroll, and Gooden Brown. On appeal from Superior … 4 A-0060-14T2 POINT V BECAUSE THE OFFICERS FAILED TO COMPLY WITH THE RECORDING REQUIREMENT OF STATE v. DELGADO, … clear and correct jury instructions are fundamental to a fair trial, erroneous instructions in a criminal case are …
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… pattern, were visible in the snow 1 The men did not get the last digit of the license plate. 7 A-2098-15T4 behind the … lifted latent fingerprints from the window, which were then compared against a database that contained fingerprints from … helpful to the defense if exclusion serves the interests of fairness and reliability." Id. at 531-32. "Thus, a …
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… shot based upon a mistaken belief that he or Cunningham had committed a burglary at a home the night before. Rivera … to give you an instruction and it does have to do with the last part of the officer's testimony — and I'm not going to … jurisprudence, is that the defendant is entitled to a fair trial and the court must protect that right. State v. …
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… A grand jury indicted and charged defendant with committing first-degree murder, N.J.S.A. 2C:11-3(a)(1) and … 396, 410 (1987). Proper instructions are essential to a fair trial. State v. Green, 86 N.J. 281, 287 (1981). If … it does not constitute an abuse of discretion. See State v. Fuentes, 217 N.J. 57, 70 (2014); State v. Cassady, 198 N.J. …
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… Plaintiff-Appellant/Cross- Respondent, v. SOLBERG AVIATION COMPANY, a New Jersey partnership, … representing its estimate for the 19 A-3964-15T4 fair market value of the property, into the Superior Court … (1954)). As we reaffirmed several weeks ago in Borough of Glassboro v. Grossman, ___N.J. Super. ___, ___ (App. Div. …
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… appeals from the February 28, 2017 final decision of the Commissioner of Education (Commissioner), approving an … were enrolled in at least one Advanced Placement (AP) class; 84% had taken college-level courses; and for the fifth … the Commissioner that the racial demographics have remained fairly consistent during CJCP's operation. Lastly, it is …
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… on various websites. During discovery, the trial court compelled identification of one such individual, Mark Heyer, … PC, attorneys; Thomas D. Flinn, of counsel; Jane Garrity Glass, on the brief). Marshall D. Bilder argued the cause for … ceased all participation in Hoboken civic and political affairs. Pincus also sent an email to Bajardi's employer, …
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… Argued March 1, 2017 – Decided Before Judges Fuentes, Carroll and Gooden Brown. On appeal from the … searches related to fatal poisons, gun laws and murder on computers seized from defendant's home; expert testimony … disappearance; and evidence that defendant was having an affair with a co-worker and planning to leave her husband. In …
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… appeal (A-0164-15) concerns the dismissal of 514 Accutane complaints involving plaintiffs who were prescribed and 3 … in our review of summary judgment determinations, Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of 3 Brill … at this issue "with some dispatch," and that "a letter in a fairly widely-read journal . . . might add fuel to fires …
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… provide all children significant opportunity to receive a fair, equitable, and high-quality education and to close … received over $1.4 million with approximately $655,000 coming from the District. One of the allegations leveled … to -34, required defendant to fill out a School Ethics Commission Personal/Relative and Financial Disclosure Form …
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… v. SOUTH BRUNSWICK TOWNSHIP, PUBLIC SERVICE ELECTRIC & GAS COMPANY, and TRUSTEES OF PRINCETON UNIVERSITY, … applying the same legal standard as the trial court. Nicholas v. Mynster, 213 N.J. 463, 477-78 (2013). Summary … party has, by his [or her] conduct, done that which might fairly 11 See State v. Heisler, 422 N.J. Super. 399, 416 …
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… THAT CASE: THE REPEATED USE OF "AND/OR" LANGUAGE IN THE ACCOMPLICE- LIABILITY JURY INSTRUCTION COULD HAVE EASILY LED … below) POINT III CUMULATIVE ERROR DENIED DEFENDANT OF A FAIR TRIAL. (Not raised below) For the reasons that follow, … were recovered from the autopsy. Both were ".38 caliber class," which meant that "both were fired from a weapon that …
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… appellants The Sierra Club, Lacey Rail Trail Environmental Committee, Save Barnegat Bay, and The American Littoral … several towns. Appellants, Lacey Rail Trail Environmental Committee (LRTEC), The Sierra Club, Save Barnegat Bay, and … "free to disregard completely issues that were fully and fairly resolved" in its earlier decision. Trap Rock Indus., …
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… to the litigation. Because plaintiff did not file his complaint in the Law Division until after the two-year … On November 18, 1996, plaintiff saw Dr. Allen for the last time, complaining of intermittent intense abdominal … refusing to apply Alabama's statute of limitations; (2) unfairly limited the number of expert witnesses at the second …
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… his lower back, 3 A-4012-14T2 and pulled out a clear plastic bag containing a white item. Defendant removed a … vehicle and observed Pagan smoking from a glass cylinder, commonly referred to as a crack pipe. As Cancel exited his … and proper charges to a jury are essential for a fair trial." State v. Green, 86 N.J. 281, 287 (1981); State …
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… at Hudson City spanned thirty-six years, beginning in 1975. Commencing in 1981, she reported to Michael Lee, then a … approved the promotion. Plaintiff's complaint alleged a glass ceiling at Hudson City prevented her from advancing … against me. I believe that these accusations and the unfair depth of punishment were instituted because of my …
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… I. On June 23, 2008, plaintiffs filed a verified complaint and order to show cause (OTSC) in the Probate Part … (App. Div. 2008). Although New Jersey law imposes duties of fairness, good faith, and fidelity upon all fiduciaries, "an … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… October 31, 2018 – Decided July 17, 2019 Before Judges Fuentes, Accurso and Moynihan (Judge Accurso dissenting). On … Freeholder Director Gerald Thornton and dismissing her complaint filed under the Conscientious Employee Protection … firm, were not lawful because they did not contain "non[-]fair," "non[-]open" and "not[-]to[-]exceed" language. She …