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… before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … is judged by a standard of objective 3 reasonableness. The ultimate question is this: was the law clearly established … in the record suggests a basis to support a federal due process violation. IV. We granted certification on two …
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… incident related to the County’s selection of workers’ compensation counsel in 2014. Plaintiff testified that, … reason for the adverse employment action. Plaintiff has the ultimate burden of proving that the proffered reasons were a … he could ask a vendor to fax a new proposal after the bid process had closed, that plaintiff had 6 responded …
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… this appeal, the Court considers whether the prosecutor’s comments and use of a particular PowerPoint slide in her … again, the prosecution’s arguments.” Defense counsel ultimately agreed that “it may be best left alone.” Thus, … curatives is always a double-edged sword.” Defense counsel ultimately agreed that “it may be best left alone.” Thus, …
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… These consolidated appeals test that principle through a common legal issue: whether a trial judge can consider at … to a jury trial, and -- under both Constitutions -- due process requires that the prosecution prove each element of … Dunbar, 108 N.J. 80, 92 (1987). [(omission in original).] Ultimately, the court concluded that Tillery “dispose[d] of …
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… to the credibility issue raised by Bey’s failure to come forward in support of Gideon’s alibi until roughly five … burdening Gideon-Nichols. Noting that the jury may have ultimately found Bey unconvincing, the Appellate Division … representation constitutes ‘a breakdown in the adversary process that renders the result unreliable.’” State v. Nash, …
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… before entry of a final foreclosure judgment, and that her computer software could calculate arrearages “within a … is judged by a standard of objective 3 reasonableness. The ultimate question is this: was the law clearly established … in the record suggests a basis to support a federal due process violation. IV. We granted certification on two …
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… court issued a written opinion, stating that Smith would be compelled to testify at trial and that if she refused to … attorney requested a jury instruction addressing the issue. Ultimately, with the consent of counsel, the court gave a … attorney requested a jury instruction addressing the issue. Ultimately, with the consent of counsel, the court gave the …
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… Amendment to the United States Constitution or New Jersey’s common law or statutory protections against … pursuant to a lawfully issued search warrant -- is ultimately answered by analyzing federal and state … for purposes of applying the Fifth Amendment.” Ibid. Ultimately, the Court declared itself “confident that …
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… that experienced burglars often purchase new tools before committing a burglary because paint chips can yield a … of fundamental fairness, which is an integral part of due process. The doctrine protects citizens against unjust and … a prosecutor’s ability to resubmit a case. Id. at 487-88. Ultimately, the Appellate Division deferred to this Court: …
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… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … the court mentioned second-degree robbery again. The jury ultimately found both men guilty of multiple offenses, … State v. K.P.S., 221 N.J. 266 (2015), which held that due process dictates that each defendant is entitled to a full …
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… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … the court mentioned second-degree robbery again. The jury ultimately found both men guilty of multiple offenses, … State v. K.P.S., 221 N.J. 266 (2015), which held that due process dictates that each defendant is entitled to a full …
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… second-degree possession of a firearm in the course of committing a drug offense, second-degree possession of a … items from the defendant’s office, and the items were ultimately turned over to the Department of Justice. Id. at … descriptions of the contents.” Ibid. The government ultimately pursued obscenity-related charges, and the …
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… Defendant hit her brakes, swerved, collided with the oncoming vehicle, and lost consciousness. When she woke up, … she applied lip balm multiple times during the Alcotest process, and that she had a tongue ring in her mouth during … under the Sixth Amendment. U.S. Const. amend. VI. The panel ultimately held that, based on the location of defendant’s …
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… to convict a defendant even when bias did not motivate the commission of the offense. Defendant David Pomianek, Jr., … is unconstitutionally vague, and violates the Due Process Clause of the Fourteenth Amendment. 1. Under … also reversed the misconduct conviction. Ibid. The panel ultimately determined “that N.J.S.A. 2C:16-1a(3) would be …
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… On direct appeal, defendant argued that the trial court committed reversible error by failing to provide the jury … against self-incrimination and its exceptions). 14 Ultimately, the privilege against self-incrimination … or innocence, and promotes public respect for the criminal process by focusing on the underlying fairness of the trial …
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… in defining an employee under the Employment Retirement Income Security Act (ERISA), held that the undisputed facts … a superior as to render the individual an employee. It is ultimately a totality-of-the-circumstances evaluation, … In Reid, the United States Supreme Court summarized the process for determining whether a party is an employee under …
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… a property owner’s claims for contribution under the Spill Compensation and Control Act (Spill Act or Act), N.J.S.A. … the cleanup of contaminated sites, ensuring that the process is conducted effectively and in compliance with New … 2, 18 (2003). “In order to accomplish a fair and equitable ultimate sharing of the remediation burden among all …
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… At about 3:20 a.m. on November 24, 2007, Officer Wayne Comegno observed, momentarily, defendant David Gibson … to deference, the Court is not obliged to defer to the ultimate finding of probable cause when the facts and … in the record”). Nor is the Court obliged to defer to the ultimate finding of probable cause when the facts and …
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… a trespasser, justifying a warrantless search of a home. Ultimately, the focus must be whether, in light of the … a small item to the buyer. The trooper also observed, coming from 815 Line Street, a third unknown black male who … residence or whether there were furnishings in the rooms. Ultimately, the troopers discovered evidence of criminality …
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… 1 NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY CHANCERY … Plaintiffs’ efforts to satisfy the terms of the Notes were ultimately unsuccessful and the Notes matured on May 1, … opposing party only relies upon “mere sworn conclusions of ultimate facts, without material basis or supporting …