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njcourts.gov
… 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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njcourts.gov
… disability early retirement in 2009. Plaintiff filed a complaint, asserting negligence claims and seeking compensatory damages. Plaintiff’s expert, Rosen, opined that … and proper charges to a jury are essential for a fair trial.’” Velazquez v. Portadin, 163 N.J. 677, 688 …
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njcourts.gov
… action against O’Neill. In April 2009, Manahawkin filed a complaint in which O’Neill was named as the sole defendant. … reasserted her NHA, CFA and TCCWNA claims and sought class certification, which the trial court denied. 4 The … of construction. Contracts should be read “as a whole in a fair and common sense manner.” Hardy ex rel Dowdell v. …
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njcourts.gov
… pleaded guilty to first-degree robbery in exchange for a recommended sentence, and agreed to testify against defendant. … confrontation and due process rights and deprived him of a fair trial. U.S. Const. amends. V, VI, XIV; N.J. Const., … 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004); Douglas v. Alabama, 14 380 U.S. 415, 419-20, 85 S. Ct. 1074, …
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njcourts.gov
… to substitute its judgment for the judgment properly and fairly exercised by the trial court. The State did not … a small item to the buyer. The trooper also observed, coming from 815 Line Street, a third unknown black male who … Thomas. The search of 815 Line uncovered 9 twenty-five glass containers with “yellow caps of crack cocaine,” blue …
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njcourts.gov
… (Princeton Office Park) purchased a 220,000 square foot commercial building on thirty-seven acres of land in the … Third Circuit’s certified question requires that the Court classify the lien held by a purchaser of a tax sale … the least burden on the property owner, consistent with fair protection to the purchaser at a tax sale.” Assemb. 52 …
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njcourts.gov
… of the Superior Court, Respondent John F. Russo, Jr. A complaint issued by the Advisory Committee on Judicial … together, Respondent’s multiple acts of misconduct have lasting consequences. His pattern of misconduct and … . . . when there is any . . . reason which might preclude a fair and unbiased hearing and judgment, or which might …
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njcourts.gov
… regulated by the Attorney General's Division of Consumer Affairs, we invited that office to participate as amicus … the existence of a separate regulatory scheme will "overcome the presumption that the CFA applies to a covered … of the driveway and replacement of windows and sliding glass doors to address leaks, drafts and rot from the leaks." …
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njcourts.gov
… in Florida and New Jersey related to winding down their companies, Direct Wholesale, Inc.1 and Unlimited Pins, LLC2 (the companies).3 On May 2, 2013, they entered into a global … at 246. "The frustration must be so severe that it is not fairly to be regarded as the risks that [the party invoking …
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njcourts.gov
… September 26, 2018 - Decided May 10, 2019 Before Judges Fuentes, Accurso and Moynihan. On appeal from Superior Court … was indicted on charges of second-degree conspiracy to commit armed robbery and robbery, N.J.S.A. 2C:5-2 and … "the court not sentence defendant for a crime that is not fairly embraced by the guilty plea." Id. at 293. 6 We note …
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njcourts.gov
… procedures would have been pursued in order to complete the investigation of the case; (2) under all of the … implication of an intent to confer rights on a particular class of persons'"). The Supreme Court held: Our conclusion … liberties that might transgress notions of fundamental fairness and undermine the probative value of the evidence …
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njcourts.gov
… After a plenary hearing, the trial court found defendant committed the predicate acts of harassment, N.J.S.A. … presented at the plenary hearing prevents a full and fair analysis of the issues presented on appeal. See … The following day, defendant handed her a pair of reading glasses. Plaintiff said she did not need the glasses , and …
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njcourts.gov
… A subsequent search of the vehicle revealed a hidden compartment in the center console containing approximately … a few minutes, exited the vehicle carrying a small white plastic bag, which he brought to, and placed under, a … Id. at 21. As the Court explained in Witt, "it would be unfair, and contrary to our established rules, to decide the …
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njcourts.gov
… defendant had sexually assaulted other women, she felt compelled to report what happened to her. Over the next two … means yes guys[.] . . . They all want it"; and "I've had my fair share of rapes." During defendant's police interview, … v. Arizona, 384 U.S. 436 (1966). 4 A-2209-18 started communicating, mostly through text messages. They met in …
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njcourts.gov
… contends plaintiff M.M., mother, misrepresented her income in prior proceedings and that newly discovered information surfaced about her income and employability. Defendant also appeals from a May … should be imputed an income of $80,000 per year based on a "fair and accurate" assessment of his current earning …
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njcourts.gov
… share parenting time; (2) in determining the parties' incomes for calculating alimony, college expenses for the … discretion in making a child support award." Foust v. Glaser, 340 N.J. Super. 312, 315 (App. Div. 2001). We "will … "The goal of equitable distribution . . . is to effect a fair and just division of marital assets." Steneken v. …
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njcourts.gov
… and second-degree possession of a firearm while committing a controlled dangerous substance (CDS)/bias … Whip he had to see him. She recalled the phone conversation lasting less than a minute, and the victim immediately left. … confession. "A defendant is entitled to a 'fundamentally fair grand jury presentation.'" State v. Shaw, 455 N.J. …
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njcourts.gov
… first trial and excluded testimony on Child Sexual Abuse Accommodation Syndrome ("CSAAS") from both trials. As for the … N.J. CONST. ART. I, PARA. 1. POINT III BOTH TRIALS WERE UNFAIR BECAUSE OF THE ADMISSION OF EXPERT TESTIMONY ON CHILD … found credible, testified that he and fellow detective Nicholas Villano approached Massa at his church after 6:00 p.m. …
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njcourts.gov
… Ko, Keating Robinson, and Peggy McMahon dismissing the complaint. We affirm. We derive the following facts from the … clarity so that the plaintiff will have a full and fair opportunity to demonstrate pretext." Id. at 253-256. … or determinative cause of" the action in question. Fuentes v. Perskie, 32 F.3d 759, 762 (3d Cir. 1994). The …
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njcourts.gov
… about a parking easement on property situated between two commercial properties in Dunellen granted by deed in 1987, … over parking in Lot 2's parking lot and the towing of automobiles from the lot at Ashish's request. Each party had its … unclean hands, and breach of the covenant of good faith and fair dealing. RRR Newgen filed an answer, and the case was …