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njcourts.gov
… but sought to prove he lacked the mental state required to commit murder. Defendant presented an expert who opined that … medical examiner testified the cause of death was assault "compounded by strangulation both manual and ligature." A … following arguments. POINT I THE INTEREST OF JUSTICE AND FAIR PLAY REQUIRE THAT THE PROCEDURAL BAR BE RELAXED AND …
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A-43-24 Appellate Division Pro Se Supplemental Brief
Briefs
njcourts.gov
… legal authorities controlling his rights to; • a full and fair juror exclusion hearing; • procedural due process; • to … trial counsels' ability to decide whether to include and communicate with Arrington in juror exclusion matters, … or omissions were outside the wide range of professional competent assistance. Strickland, 466 U.S. at 690-91. As …
njcourts.gov
… loan. On August 12, 2014, plaintiff filed its foreclosure complaint. Defendant filed an answer on September 19, 2014. … plaintiff "violat[ed] . . . the covenant of good faith and fair dealing" in its dealings with him. We have considered … opinion. R. 2:11-3(e)(1)(E). We add the following brief comments. Here, default was entered against defendant by …
njcourts.gov
… of loss of recreation privilege, and 150 days of loss of commutation time. On appeal, Square argues: POINT I … POINT II APPELLANT'S DUE PROCESS RIGHT TO A FUNDAMENTALLY FAIR HEARING BY AN IMPARTIAL TRIBUNAL [OR HEARING OFFICER] … claimed he heard the threat. Square denied making the comment. A surveillance video of the incident requested by …
njcourts.gov
… denied defendant’s motion in a written opinion and accompanying order. The judge relied on this court’s opinion … BECAUSE RETROACTIVITY IS NEEDED AS A MATTER OF FUNDAMENTAL FAIRNESS. 4 A-1765-18T4 A. The Court failed to consider the … of the Waiver Law is required as a matter of fundamental fairness. The Supreme Court’s recent June 2020 opinion in …
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njcourts.gov
… denied defendant’s motion in a written opinion and accompanying order. The judge relied on this court’s opinion … BECAUSE RETROACTIVITY IS NEEDED AS A MATTER OF FUNDAMENTAL FAIRNESS. 4 A-1765-18T4 A. The Court failed to consider the … of the Waiver Law is required as a matter of fundamental fairness. The Supreme Court’s recent June 2020 opinion in …
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njcourts.gov
… loan. On August 12, 2014, plaintiff filed its foreclosure complaint. Defendant filed an answer on September 19, 2014. … plaintiff "violat[ed] . . . the covenant of good faith and fair dealing" in its dealings with him. We have considered … opinion. R. 2:11-3(e)(1)(E). We add the following brief comments. Here, default was entered against defendant by …
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njcourts.gov
… of loss of recreation privilege, and 150 days of loss of commutation time. On appeal, Square argues: POINT I … POINT II APPELLANT'S DUE PROCESS RIGHT TO A FUNDAMENTALLY FAIR HEARING BY AN IMPARTIAL TRIBUNAL [OR HEARING OFFICER] … claimed he heard the threat. Square denied making the comment. A surveillance video of the incident requested by …
njcourts.gov
… State Board of Medical Examiners, Division of Consumer Affairs, Department of Law and Public Safety. Greg S. … The Board conducted a multi-day hearing, and issued a comprehensive thirty-two page written decision. The history … in attorneys' fees. 2 This statute states that a person commits a crime of the third-degree if he photographs or …
njcourts.gov
… BECAUSE TRIAL COUNSEL WAS INEFFECTIVE FOR FAILING TO COMPLY WITH DEFENDANT'S INSTRUCTIONS NOT TO PURSUE AN ALIBI … but also that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 … the acts or omissions of counsel of which a defendant complains must amount to more than mere tactical strategy. …
njcourts.gov
… and an aide, through Global Options, which also provided a commode, a wheelchair, a bed, and fifty-hours of service a … FINDINGS OF THE [ALJ], THE MEDICAID AGENCY'S DECISION IS A CLASSIC EXAMPLE OF ARBITRARY AND CAPRICIOUS ACTION. II. THE … DEPRIVES PETITIONER OF HER DUE PROCESS AND FUNDAMENTAL FAIRNESS RIGHTS. Considering the particular circumstances, …
njcourts.gov
… PCR petition, as it was revised, is that he was denied a fair trial because his defense witness, Jones, testified … HE WAS DENIED A FAIR TRIAL THE ONLY DEFENSE WITNESS WAS COMPELLED TO TESTIFY IN RESTRAINTS IN FRONT OF THE JURY, HE … forth in the judge's written opinion. We add the following comments. 7 A-1717-22 Defendant contends he was deprived of …
njcourts.gov
… 1 "An 'open plea' [is] one that d[oes] not include a recommendation from the State, nor a prior indication from the … [himself] and plea counsel." 4 A-2526-21 "would never come to court to testify" against him. Defendant asserted … but also that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 …
default
… as M.P.'s authorized representative who, in turn, completed a Medicaid application on behalf of M.P. Pertinent … simplicity, we refer to petitioner as M.P. 3 A-0005-17T4 Company, in the amounts of $7,124.72 and $2,929.71 (cash … M.P.'s application. On May 27, 2016, M.P. requested a fair hearing and the matter was transmitted to the Office of …
njcourts.gov
… contended the assistant prosecutor made prejudicial comments during her summation that warranted reversal. … an order from prison 4 A-3488-15T2 Defendant argued these comments denied him a fair trial. We disagreed, determining the assistant …
njcourts.gov
… and right thumb in 2005 and 2006. Barlett received workers' compensation benefits for the 2006 3 A-3129-14T2 incident, … of Corrections (Corrections) ordered Barlett to undergo a complete functional capacity exam, which determined he was … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
njcourts.gov
… OR DELIBERATIONS, VIOLATING MR. CROMWELL'S RIGHT TO A FAIR TRIAL. U.S. CONST., AMEND. XIV; N.J. CONST. (1947), … made certain choices, and making those choices, he committed certain crimes. There was no objection by defense … v. Siciliano, 21 N.J. 249, 262 (1956)). Here, the improper comment was brief and consisted of two sentences in the …
njcourts.gov
… defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability … "The quality of counsel's performance cannot be fairly assessed by focusing on a handful of issues while … magnitude as to thwart the fundamental guarantee of [a] fair trial.'" Id. at 314-15 (quoting State v. Buonadonna, …
default
… and Sumners. On appeal from the New Jersey Department of Community Affairs, Agency Docket No. OCA 211-17. Howard Goldberg, First … Attorney General, attorney for respondent Department of Community Affairs (Dominic L. Giova, Deputy Attorney …
njcourts.gov
… argues: POINT I: DEFENDANT WAS DENIED DUE PROCESS AND A FAIR TRIAL BY TWO ERRORS IN THE 4 A-4853-17T4 PORTION OF THE … to determine if defendant had the requisite intent to commit the eluding offense. He further contends the court … from such officer to bring the vehicle . . . to a full stop commits a crime of the third degree . . . . This offense …