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njcourts.gov
… for a new trial."1 Defendant argues he was deprived of a fair trial based upon ineffective assistance of counsel and … subsequent petitions for post-conviction relief. The Rule compels dismissal of a subsequent petition for PCR unless a … on a PCR petition depends on "the apparent merits and complexity of the issues raised, whether the petition is an …
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njcourts.gov
… Fein, Such, Kahn & Shepard, P.C., and dismissing his complaint based on the New Jersey Fair Debt Collection Practices Act (FDCPA), N.J.S.A. 45:18-1 … or federal Fair Debt Collection Practices Act. Plaintiff's complaint contained a single sentence in support of his …
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njcourts.gov
… issued a written disciplinary report charging McKinney with committing prohibited act *.005. The report stated that at … the following calls: 8:33 a.m.: Call to McKinney's attorney lasted approximately 15 minutes (8:48 a.m.). 8:49 a.m.: Call … denial of the examination would compromise the fundamental fairness of the disciplinary process." Id. at 20. Impairment …
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njcourts.gov
… plaintiff The Moirai Group, Ltd. summary judgment on its complaint for specific performance of a real property … no special deference to the trial court's decision. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. … pro se litigants the opportunity to have their matters fairly heard." Code of Jud. 10 A-3805-22 Conduct r. 3.7 cmt. …
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njcourts.gov
… DIVISION DOCKET NO. A-1250-21 NEW JERSEY REAL ESTATE COMMISSION, Respondent, v. DAVID BEACH, Licensed New Jersey … and Chase. On appeal from the New Jersey Real Estate Commission, Department of Banking and Insurance, Docket No. … in violation of N.J.S.A. 45:15-17(e) and "fail[ed] to deal fairly with the [s]ellers," in violation of N.J.A.C. …
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njcourts.gov
… State, including "all 9-1-1 calls, police transmissions, computer aided dispatch ("CAD") recordings, [] transcripts … testify regarding the material on the video. Despite the recommendation of counsel, defendant elected to testify, which … Clause; and deprivations of defendant's due process and fair trial rights. 4 The judge addressed the defendant …
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njcourts.gov
… out-of-state pursuant to the Interstate Corrections Compact (ICC), N.J.S.A. 30:7C-1 to 12,1 appeals from a … two points: I. APPELLANT WAS DEPRIVED OF DUE PROCESS AND FAIRNESS WHEN [THE DOC] ARBITRARILY AND CAPRICIOUSLY … with New Jersey's disciplinary sanctions. Indeed, the last section of N.J.A.C. 10A:10-3.16(f) provides that "[a]ll …
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njcourts.gov
… Simoni argued the cause for respondent (Simoni Consumers Class Action Law Offices c/o Jardim, Meisner & Susser, PC, … relief may be granted and, if not, whether his amended complaint should be dismissed or whether he should be given … and breach of the implied covenant of good faith and fair dealing; breach of contracts to process payments from …
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njcourts.gov
… and William T. McGloin, of counsel and on the brief; Nicholas J. Guarino, on the brief). PER CURIAM NOT FOR … Chrobak had expected the job to take "eight hours" to complete "under normal circumstances." Jo-Med submitted a … work. 6 A-0408-22 Pantina believed the amount offered was fair because another contractor was necessary to "resolve …
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njcourts.gov
… POINT II: THE TRIAL COURT ERRED IN FAILING TO ORDER A COMPETENCY HEARING IN LIGHT OF THE SUBSTANTIAL EVIDENCE … BY THE RECORD AND 6 A-2935-21 FAILED TO EXPLAIN THE OVERALL FAIRNESS IN IMPOSING CONSECUTIVE SENTENCES, AS REQUIRED, … 117 N.J. at 411. The first two elements are objective, the last two are not and thus should be left to the jury. Id. at …
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njcourts.gov
… default judgment and to dismiss plaintiff's foreclosure complaint. After reviewing the record in light of the … a notice of intent to foreclose, pursuant to the New Jersey Fair Foreclosure Act, N.J.S.A. 2A:50-53 to -68, and in July, plaintiff filed a foreclosure complaint against defendant. Neither defendant nor his wife …
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njcourts.gov
… REALTY CO., LLC, c/o ACME, ACME MARKETS INC., ALBERTSONS COMPANIES, GREEN MEADOWS LANDSCAPING, and GREEN MEADOWS, … imposition of a duty "satisfies an abiding sense of basic fairness under all of the circumstances in light of … have notice of the icy conditions that developed suddenly. Lastly, we address plaintiff's contention that the court …
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njcourts.gov
… THAN IGNORE THE SCIENCE. A. Juveniles Are Different When It Comes to Sentencing. B. Late Adolescents Aged 18-20 Are Also … FELONY MURDER. [(Not raised below)]. POINT III FUNDAMENTAL FAIRNESS ALSO REQUIRES A RESENTENCING BECAUSE THE 1993 … IS ERRONEOUS AND SHOULD BE REVERSED IN LIGHT OF, STATE V. FUENTES, 217 N.J. 57 (2014), N.J.S.A. 2C:44-l(a)(l), AND . . …
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS BOOTH MOVERS LTD., Plaintiff, v. … BOARDMAN LTD.; DESIGN FURNITURE HOLDINGS INC.; and ABC COMPANIES 1-5 (fictitious), Defendants. SUPERIOR COURT OF … (3) breach of the implied covenant of good faith and fair dealing; (4) unjust enrichment; (5) conversion; and (6) …
njcourts.gov
… development of the record because, in its view, “the common law does not necessarily preclude the imposition of” … factors when determining whether a duty of care is owed: fairness and public policy; foreseeability; the relationship … not owe a duty of care in this case. Because Arthur did not commit a tort, GEM cannot be held vicariously liable for his …
njcourts.gov
… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COUR OF NEW JERSEY LAW … first” personal injury protection benefits option in an automobile insurance policy purchased from defendant Progressive … injury protection coverage is in order. The New Jersey Fair Automobile Insurance Reform Act, and specifically …
njcourts.gov
… while the air conditioner was running. Gloria made a comment to Linda, and Linda went to speak with defendant. As … Gloria got to her bedroom, 2 Because Linda Auxer shares a last name with defendant, we use her first name to avoid … to excuse biased jurors of which violated my right to a fair and impartial trial. Appellate as well as [PCR] counsel …
njcourts.gov
… B.L.E. was well known to defendant. Further, the State had complied with the discovery requirements. The trial court … in Elizabeth, New Jersey to purchase drugs. He was accompanied by Carol Ann Lamanno and David Estrada. William, … APPELLANT[']S CONSTITUTIONAL RIGHT TO DUE PROCESS AND A FAIR TRIAL PURSUANT TO THE HOLDING IN GIGLIO V. UNITED …
njcourts.gov
… R. 1:36-3. 2 A-3354-21 This appeal stems from the outcome of a so-called "look-back" sentencing hearing conducted … trial court's determination at the look-back hearing was fair and supported by the record, and therefore reject … on appeal. State v. Case, 220 N.J. 49, 65 (2014); State v. Fuentes, 217 N.J. 57, 73 (2014). If the trial court adheres …
njcourts.gov
… boxes" in the downstairs office, which were locked. Accompanied by 4 A-3309-21 police, Kevin Jr. accessed the … employed until the COVID-19 pandemic began in 2020. Lastly, the court recognized defendant was in the process of … IMPACT OF THE ERRORS DENIED DEFENDANT DUE PROCESS AND A FAIR TRIAL. POINT V BECAUSE THE SENTENCING COURT FAILED TO …