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… his right of redemption "since he is free to bargain for a fair and adequate consideration for his right to redeem, … there was the possibility the winning bidder would not complete the purchase, and the amount of the surplus funds … as equity will not permit use of the Statute of Frauds to accomplish a fraud). Walker appeals, reprising the arguments …
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… Court's decision flatly "prohibiting ex parte post-verdict communications between trial judge and jurors." Davis v. … "consider afresh the import of the juror's observation and comment, along with all other relevant factors bearing on … object to that, without the exploration. But -- THE COURT: Fair enough. All right. Very good. Thank you. [Plaintiff's …
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… offenses. He argues: POINT I THE JURY CHARGE REGARDING ACCOMPLICE LIABILITY WAS IMPROPER, THUS DENIED DEFENDANT DUE PROCESS AND A FAIR TRIAL. A. The Jury Charge Regarding Accomplice Liability Was Given In Error As Defendant Was …
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… OF SUCH APPLICATIONS AMOUNTS TO A PER SE RULE EXCLUDING A CLASS OF PTI APPLICANTS, THE STATE'S REFUSAL TO SANCTION MR. … TO PTI ADMISSION. 3 A-1204-14T2 POINT II THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN ALLOWING THE STATE TO … DEPRIVED MR. SOTO OF HIS CONSTITUTIONAL RIGHT TO A FAIR TRIAL. (PARTIALLY RAISED BELOW). A. THE STATE …
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… v. MERCER GROUP INTERNATIONAL OF NEW JERSEY, INC.1 and FAIRLESS IRON & METAL, LLC, Defendants-Respondents, and SIMS … motion for reconsideration and dismissing Summit's complaint in its entirety. This dispute arose from a … to the legal determinations of the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… Evidence to Plant It in the Durango. D. The Prosecutor Unfairly Disparaged the Defense and Granger's Credibility when … defendant to stop moving and show his hands, and defendant complied. At this time, another officer viewed the interior of the car with his flashlight and saw defendant's "left foot on top of an item." …
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… factor; and failed to inform the sentencing court of his accomplishments as a high school athlete. Judge Ronald D. … THE TRIAL JUDGE'S BEHAVIOR DENIED DEFENDANT A FAIR [PCR] HEARING AS THE COURT VIOLATED THE CODE OF … a probability sufficient to undermine confidence in the outcome." Id. at 689. "[I]f counsel's performance has been so …
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… murder, N.J.S.A. 2C:11-3(a)(1), first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2(a)(1), second-degree … copies of Forbes's statement. "An essential ingredient of a fair trial is that a jury receive adequate and … we review sentencing decisions deferentially. State v. Fuentes, 217 N.J. 57, 70 (2014). We do not substitute our …
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… raises the following contention: POINT I THE PROSECUTOR COMMITTED MISCONDUCT AND REDUCED THE STATE'S BURDEN OF PROOF … they arrived at the scene and defendant understanding and complying with this command. Defendant did not testify at … not have the intent to commit an offense. Such a state of affairs will likely exist in very few cases. [Ibid. …
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… 2 A-5930-17T2 trial court erred by charging the jury on comparative negligence and because of improper comments by … "a small puncture wound" and small cuts from the window glass. He refused medical assistance at the scene, but later … court's curative instruction. Also, the court considered "fair and appropriate" the manner in which it addressed …
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… defendant with second-degree sexual assault upon K.K., by committing an act of sexual contact, specifically touching … K.K. was getting ready to shower on Sunday evening, she complained about pain in her vaginal area. When K.K. removed … that the claimed errors cumulatively rendered the trial unfair and require reversal of his conviction. 7 A-1274-13T1 …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2018-19439. Weiner Law … R. 1:36-3. October 10, 2019 2 A-1315-18T1 In this workers' compensation case, respondent Township of Randolph appeals … THE MOTION BASED ON PROCEDURAL IRREGULARITIES RESULTS IN UNFAIR TREATMENT OF THE PARTIES. POINT II: THE [WORKERS' …
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… HER SUMMATION, IN SHOWING A MANIFEST DENIAL OF JUSTICE; COMMITTED MISCONDUCT SO EGREGIOUS, IT VIOLATED FOWLKES' RIGHTS TO DUE PROCESS AND [A] FAIR TRIAL. POINT II [THE] TRIAL COURT COMMITTED PREJUDICIAL ERROR[] WHEN IT ADMITTED TESTIMONY, …
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… the order under review, we write chiefly to point out commonly misunderstood distinctions between motions seeking … has erred or entered an order that has ceased to promote a fair and efficient processing of a particular case, the new … (2017); Ragusa v. Lau, 119 N.J. 276, 283-84 (1990). We lastly point out that the Somerset judge denied other …
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… the alimony established in the consent order was neither fair nor reasonable "under his prevailing extraordinary … a 50% owner of a business and his "gross annual earned income from his business ha[d] been approximately $1,100,000 over the last five years." Plaintiff had not been gainfully employed …
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… and NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. ____________________________ … to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … a pedestrian struck by a motor vehicle, maintained an automobile insurance policy with NJM. 182 N.J. at 521. When the …
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… on August 31, 2020. In June 2020, plaintiff filed a complaint seeking unpaid rent for five months, plus the late … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … failed to determine if the lease remained feasible and fair under the extraordinary circumstances of the pandemic. …
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… years, with a fifty- year period of parole ineligibility, encompassing mandatory extended terms for kidnapping and one … to resentencing because the sentencing judge failed to comply with State v. Torres, 246 N.J. 246, 268 (2021), and … Code and Yarbough: that judges must explicitly assess fairness when imposing consecutive sentences. Next, the …
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… the evidence should [have been] excluded" or "reasonably competent counsel would have requested a limiting … by trial counsel's failures because he did not get a fair trial. As to the failure of trial counsel to summon … to establish, prima facie, the second Strickland prong. Lastly, we consider defendant's argument regarding appellate …
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… protective equipment, such as gloves. He recovered a glass tube, identified in a subsequent police report as … for the drug test. Pursuant to the NJAG policy, Cincotta completed an acknowledgement form and medication sheet but … to work. Silva testified that he conducted the internal affairs investigation pursuant to a request from the Chief of …