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… from an interlocutory order of the Division of Workers' Compensation, Department of Labor and Workforce Development, … A-2114-21 2 Ameribuilt Contractors appeals the workers' compensation judge's February 1, 2022 order disqualifying … the settlement be approved by the judge of compensation as 'fair and just under all the circumstances,' and [(2)] that …
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… lengthy. Following four days of jury selection, the trial lasted an additional five days. 4 A-0105-20 Defendant argues … of jury six on an impermissible basis denied him a fair trial by a jury of his peers.2 We reverse and remand … by a jury drawn from a representative cross-section of the community." State v. Gilmore, 103 N.J. 508, 524 (1986). …
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… executor of the estate of John Y. Wei, filed this pro se complaint against defendants Penn National Insurance Company … litigated previously is incorrect. He has had a full and fair opportunity to litigate this case. The Court finds it … A.T. by T.T. v. Cohen, 231 N.J. 337, 351 (2017) (quoting Velasquez v. Franz, 123 N.J. 498, 507 (1991)). We agree with …
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… officer's guilty finding and imposition of sanctions for committing prohibited act *.004, fighting with another … Officer (SCO) Edwin Velez went to investigate the commotion he heard coming from that area, he observed Catona … AGAINST INMATES, LACKS BOTH THE FORM AND SUBSTANCE OF A FAIR HEARING[.] POINT II THE FINAL AGENCY DECISION OF THE …
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… fully understood them. They both acknowledge that it is a fair, just and reasonable agreement and [is] not the result … cross-motion on the papers. In the statement of reasons accompanying the May 27, 2016 order, the court acknowledged … as written, absent a demonstration of fraud or other compelling circumstances." The court rejected plaintiff's …
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… CURIAM This short-lived but eventful matrimonial appeal now comes to an end, as we direct the parties back to where this … action and her need for the alleged unpaid alimony that was compelled by the March 5 order under review. On April 30, … automatically terminate. That will provide Chaya with a fair opportunity to seek further relief not only in the …
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… and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-2246. Stuart J. Alterman argued … THE NEW JERSEY ATTORNEY GENERAL GUIDELINES ON INTERNAL AFFAIRS POLICIES AND PROCEDURES COUPLED WITH THE LACK OF … and we affirm. We begin by addressing Farlow's first and last points of argument. After reviewing the record, we find …
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… 2C:35-7.1. After his conviction, defendant pled guilty to committing third-degree possession of CDS, marijuana, with … he did not establish that, even if counsel erred, the outcome of the trial would have been different, or they were … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability …
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… IN VIOLATION OF DEFENDANT'S RIGHTS TO DUE PROCESS AND A FAIR TRIAL, IMPROPERLY VOUCHED FOR THE CREDIBILITY OF THE … The prosecutor then addressed defense counsel's complaints about the brevity of the reports, explaining: And … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). As directed by the Court, …
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… LLC, challenges the 2013 property tax assessment of its commercial property in Elizabeth City ("plaintiff's … A-2542-16T2 replacement over time of structural components. Last, the expert derived a ratio known as the capitalization … County because they were "not necessarily indicative of the fair market value of the fast food restaurant within the …
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… as a third-degree crime. The prosecutor agreed to recommend a three-year sentence subject to the No Early … Yes [By Defense Counsel]: Q Okay. So how do you plead to committing a second-degree aggravated assault to be … (1979)). A defendant bears the burden to demonstrate that fairness requires withdrawal of his plea, and he must make …
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… on his claim of jury taint based on an allegedly improper communication with a Sheriff's Officer. After an evidentiary … And Void Indictment Thus Results In Denial Of Fundamental Fairness In A Constitutional Sense, Thus Resulting In … THE JURY TO THE ELEMENTS OF THE PREDICATE FELONY OF 1 To comport with our style conventions, we have altered the …
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… to count two of the indictment, in exchange for the State recommending he serve a ten-year prison term, subject to the … and (4) 7 A-3811-18T1 whether withdrawal would result in unfair prejudice to the State or unfair advantage to the accused." Slater, 198 N.J. at 157-58. …
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… in the areas of child sexual abuse and Child Sexual Abuse Accommodation Syndrome (CSAAS), which "describe[s] traits … testimony deprived him of his constitutional right to a fair trial. However, on August 5, 2020, our Supreme Court … authorized. Thus, defendant's unsupported contentions were classic "bald assertions" that did not warrant an evidentiary …
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… OF TRIAL COUNSEL, IN VIOLATION OF HIS RIGHTS TO A FAIR TRIAL AND DUE PROCESS OF LAW GUARANTEED BY THE FIFTH, … and the other alibi witnesses would have affected the outcome of trial, especially considering the numerous other … still presented with sufficient evidence that [defendant] committed the murders and thus the outcome would not have …
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… We affirm, substantially for the reasons set forth in the comprehensive written opinion of Judge Ernest M. Caposela. … bedroom due to his difficulty in navigating stairs. To accommodate his disability, Mr. Van Ess testified that he … Act (ADA), 42 U.S.C. §§ 12101 to 12213, as well as the Fair Housing Amendments Act of 1988 (FHAA), 42 U.S.C. §§ …
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… report stating: On the above date and time[,] I . . . completed a cell search of inmate Abdur-Raheem, S#789072. … issued a disciplinary report charging Abdur-Raheem with committing prohibited act *.005 based on the information 3 … 9 A-0177-17T3 examination would compromise the fundamental fairness of the disciplinary process." Id. at 20. Impairment …
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… AND DEPRIVED DEFENDANT OF HIS RIGHT TO COUNSEL AND A FAIR TRIAL. (Not Raised Below.) POINT II COUNSEL'S FAILURE … another person. The plea agreement called for the State's recommendation of an eighteen-month prison term with an … then imposed a sentence in accordance with the State's recommendation and granted defendant 597 days of jail credits. …
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… finding defendant did not establish good cause to overcome the procedural bar of Rule 3:22-4. As to the merits, … DEVELOPING THE RECORD ON THE ISSUE THAT HAS EVADED FULL AND FAIR REVIEW BEFORE SEVERAL PCR COURTS AND APPELLATE COURTS. … Ins. Co., 62 N.J. 229, 234 (1973). However, for sake of completeness, we briefly address defendant's contention to …
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… identified defendant based on the surveillance footage and community interactions. Id. at 3. Prior to defendant's … for the State. Id. at 10. 3 A-2863-23 Defendant's trial lasted twelve days and the State presented testimony from … errors were so serious as to deprive the defendant of a fair trial . . . ." Strickland v. Washington, 466 U.S. 668, …