njcourts.gov
… Griegel, on the brief). PER CURIAM Since the middle of the last century and until recently, a party obtaining an … circumstance if the interest was acquired for "less than fair market value." L. 2021, c. 231, § 1. In this appeal, … the motion on November 19, 2021, and dismissed Actlien's complaint on December 9, 2021. In appealing, Actlien argues …
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… and Susswein. On appeal from the New Jersey Civil Service Commission, Docket No. 2018-3108. Alterman & Associates, … for respondent New Jersey Civil Service Commission (Nicholas V. Klimowicz, on the statement in lieu of brief). PER … arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Saccone v. Bd. of Trs. of the …
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… more than a month later, on October 9, 1999, defendant committed an armed robbery of a restaurant by putting a … robbery, N.J.S.A. 2C:15-1; second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1; … a sentencing court provide "an explanation of the overall fairness of [a] consecutive sentence . . . ." 246 N.J. at …
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… charging him with: (1) second- degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:15-1 (count … items. Defendant and the others used a stolen car in the commission of the robberies. At the time of the crimes, … 10 A-1994-22 sentences should retain focus on "the fairness of the overall sentence." [State v.] Miller, 108 …
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… order denying specific performance of an option to purchase commercial real estate. Concluding the trial judge engaged … and her son Kevin Rosales, signed an agreement to rent commercial property in Newark owned by defendant, Rui Sousa. … that Sousa breached the covenant of good faith and fair dealing. 6 A-3946-21 II. A. "We may not overturn the …
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… an alleged offer to plead guilty in exchange for a recommended thirty-year NERA3 term, "because his lawyers … State v. Sugar, 84 N.J. 1 (1980). Defendant supported that last claim with a certification from his former counsel … counsel, defendant contended he was denied "the right to a fair trial" because the victim's family attended the …
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… continued to swing his arms violently and remained combative. A "code 33" was called and other correction … appellant. According to Kruk, appellant was still being combative and he continued to refuse to comply with multiple … of the officers involved, without compromising the fairness of the proceeding. The hearing officer permitted …
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… contends that the judge erroneously imputed $48,635 in income to defendant. He maintains that defendant's income instead is $57,200. Defendant argues that the judge … will not "unnecessarily or lightly disturb[]" MSAs that are fair and equitable. Ibid. (quoting Konzelman, 158 N.J. at …
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… tattoos, and no plain error in the prosecutor's summation comment about defendant's tattoos. Melendez, supra, (slip … 4 A-3940-15T1 We specifically found the prosecutor's "comment was not so egregious as to have denied defendant a fair trial." Id. at 18. Defendant filed a PCR petition, …
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… motion judge granted defendants' motion and dismissed the complaint without analyzing whether defendants' conduct met … novo, applying the same standard as the trial court. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … of the public policy considerations and applying notions of fairness, the Court adopted the recklessness standard for …
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… its Board of Trustees (Board), and its property management company, Taylor Management (Taylor) (collectively, … She also appeals from orders denying her requests to compel discovery. The underlying dispute involves a $150 … (2) the Committee was biased and did not afford her a fair hearing; (3) the Committee deprived plaintiff of due …
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… 2017 2 A-4274-14T2 her employer, a law firm owned by Douglas Hanna, over the course of two and one-half years when … County Prosecutor's Office and to the firm's insurance company, Travelers Insurance Company (Travelers). Hanna's … the defendant's fundamental right to have the jury fairly evaluate the merits of his [or her] defense." State …
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… vouching for defendant's whereabouts when he purportedly committed the crimes. PCR counsel asserted that allowing the … counsel's errors are sufficiently serious to deny him a "fair trial." The prejudice standard is met if there is "a … a "probability sufficient to undermine confidence in the outcome" of the proceeding. [State v. O'Neil, 219 N.J. 598, 611 …
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… award of counsel fees in May 2014 was due to defendant's noncompliance with the court order providing for discovery. As … decision, it is without dispute that defendant failed to comply with the October 4, 2013 court order, which required … compel discovery; and (9) any other factor bearing on the fairness of an award. As noted by our Supreme Court, …
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… Defendant alleged in vague terms that "new evidence ha[d] come to light to support PCR." Ibid. Under Rule … newly discovered evidence, or newly recognized rights, in compliance with Rule 3:22-12(a)(2). 5 A-3540-15T4 denied his … IN VIOLATION OF THE DUE PROCESS CLAUSE, AND RIGHT TO A FAIR TRIAL, AS GUARANTEED BY U.S. CONST. AMENDS V, XIV. …
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… a temporary restraining order (TRO) alleging defendant committed assault and made terroristic threats. Prior to … the parties, including incidents not listed in plaintiff's complaint. Plaintiff then told the judge defendant struck … defendant's due process rights by failing to give her a fair opportunity to defend against the domestic violence …
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… 2015 and June 2016. The State of New Jersey agreed to recommend concurrent ten-year terms of imprisonment, subject … LEGALLY IMPROPER STANDARD OF REVIEW AND FAILED TO FULLY AND FAIRLY CONSIDER THE REVEVANT FACTS. 4 A-0360-17T4 A. A … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2015-1515. Jacqueline M. Vigilante … General, attorney for respondent New Jersey Civil Service Commission (Craig S. Keiser, Deputy Attorney General, on the … of personal cellphones while on duty, the CCDC's internal affairs (IA) unit discovered numerous text messages exchanged …
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… (DOC) upholding a hearing officer's finding that he committed prohibited acts: *.002, assaulting any person; … As a result of his conduct, Gooden was charged with committing prohibited act *.005. 3 A-0983-19 Following that … denial of the examination would compromise the fundamental fairness of the disciplinary process." Id. at 20. However, …
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… New Jersey Department of Corrections (DOC) finding that he committed prohibited act *.202, "possession or introduction … in this matter, effective January 3, 2017, the DOC reclassified its disciplinary sanctions of asterisk offenses … the investigation was deficient which denied him a fair hearing and due process. He claims that the DHO …