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… The Court considers whether Wilbert Hannah was denied a fair trial because critical evidence was withheld from the … question was newly discovered and would have altered the outcome of his trial, or his counsel had the critical evidence … come to our attention. “[P]ost-conviction relief [is] the last line of defense against a miscarriage of justice.” …
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… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … dictates that each defendant is entitled to a full and fair review of any order, judgment, or verdict without … He remained in the yard and searched the area with his flashlight, eventually finding two guns and a ski mask. …
njcourts.gov
… Jones, who also lived in the building, was awakened by the commotion. He came out of his apartment to investigate, but … dictates that each defendant is entitled to a full and fair review of any order, judgment, or verdict without … He remained in the yard and searched the area with his flashlight, eventually finding two guns and a ski mask. …
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… An appellate panel reversed, holding that both trial courts committed plain error when they permitted the juries … error for the testimony to be replayed in open court, but recommended that trial judges confronted with similar requests … the trial court was instructed to take into consideration fairness to the defendant. The court was also charged to …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS February 26, 2019 Michael I. Schneck, … $1,658,000 The average ratio of assessed to true value, commonly referred to as the Chapter 123 ratio, for … expert expressed that, in his opinion, Building 3 was in fair condition. Building 4 is a light industrial building …
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… offenses. The affidavit of probable cause in support of the complaint stated that “an eyewitness . . . positively … of exculpatory evidence. Although that standard provides a fair and workable approach for motions filed after trial, … amounts to reversible error); United States v. Lopez-Velasquez, 629 F.3d 894, 895, 901 (9th Cir. 2010) (en banc) …
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… 2:50 p.m. Months later, private lab testing revealed compounds related to heroin in defendant's bloodstream. On … INSTRUCTION FROM THE COURT, DEPRIVED DEFENDANT OF A FAIR TRIAL. POINT III DEFENDANT RECEIVED INEFFECTIVE … her guilt on the issue of driving while intoxicated. Last, she argues the trial judge's general curative …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS May 25, 2022 Michael I. Schneck, Esq. … tile flooring, commercial grade wall-to-wall carpeting, plaster ceilings and walls, and a steel interior stairway. … expressing opinions of the subject property’s true or fair market value as of the October 1, 2017, October 1, …
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… block 711, lot 9 on the official municipal tax map and is commonly known as 131-135 South Harrison Street (“Subject … but defendant’s expert describes the condition as fair to average. Based on his personal inspection of the … Rent to a first time, new tenant is limited to 5% over the last rent paid by the former tenant. As to rent increases …
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… 1 NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS DAVID FERRARO and JOHN SEDOR, SUPERIOR … defendant. I. BACKGROUND INFORMATION This matter comes before the Court by application of Kathryn … claim is granted. 19 iv. Breach of Duty of Good Faith and Fair Dealing Next, Majority Members argue that Curran’s …
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… count of second-degree possession of a firearm during the commission of certain crimes; and one count of second-degree … THE CONFIDENTIAL INFORMANTS, WHICH WAS ESSENTIAL TO A FAIR DETERMINATION OF HIS DEFENSE[.] POINT II DEFENDANT'S … bag within which Detective Mazzoni recognized "a clear plastic bag with a large amount of cocaine." The officers …
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… 2B:12-4(a). Following a series of reappointments, her last three-year term expired on October 18, 2014. … she denied. On July 9, 2018, plaintiff filed a complaint in the Superior Court. Plaintiff named the City of … (2) breach of the implied covenant of good faith and fair dealing; (3) violation of the New Jersey Law Against …
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… she and her friend, S.W. (Steve), left his gated apartment complex in Cherry Hill. The State's theory was that … THREE CONSECUTIVE SENTENCES WITHOUT CONSIDERING THE OVERALL FAIRNESS OF THE SENTENCE. Having considered defendant's … In Taylor, the trial court admitted a video depicting the last three and one- half minutes of the victim's life as a …
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… TRIAL THE STATE DISPARAGED THE DEFENDANT DEPRIVING HIM OF A FAIR TRIAL. THE PROSECUTOR'S ACTIONS CONSTITUTED … VI THE COURT ERRED WHEN IT RULED ADMISSIBLE INCULPATORY COMMENTS MADE BY . . . DEFENDANT IN RESPONSE TO THE … v. Johnson, 460 N.J. Super. 481, 499 (Law Div. 2019); flashing private parts to children, State v. South, 136 N.J. …
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… after a juror on a previously deadlocked jury becomes ill. On October 30, 2003, two men were shot and killed … deliberated for several days, but stopped several times to communicate with the court. Two of those interruptions are … jury’s deliberations and protected defendant’s right to a fair trial. Accordingly, we reverse the judgment of the …
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… weapons offenses. Defendant contends he was denied a fair trial because the trial court improperly admitted into … contends the trial court improperly allowed the State to comment on the invocation of his right to silence and … him of the homicide. DETECTIVE GREEN: You tried to play God last week. DEFENDANT: No, I didn't. DETECTIVE GREEN: You …
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… whom represented plaintiffs Mark and Anthony Chernalis in a complex commercial real estate transaction in 2009. Specifically, … action. In so doing, the judge found that plaintiffs had a fair and "reasonable opportunity to alleged malpractice" at …
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… RIGHTS TO CONFRONT WITNESSES, DUE PROCESS, AND A FAIR TRIAL WERE VIOLATED BY THE ADMISSION OF A … BY PRECLUDING HIM FROM PRESENTING EVIDENCE [. . .] THAT THE COMPLAINING WITNESS HAD FALSELY ACCUSED HER FATHER OF SEXUAL … to shock the judicial conscience." 25 A-0922-20 [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… J. Rappaport, from various limited liability realty companies, and defendants' counterclaim alleging plaintiff's … of contract, breach of implied covenant of good faith and fair dealing, breach of the fiduciary duties of good faith, … do you estimate your carried interest to be? [RAPPAPORT]. Last time that it was valued, which was I think 2018, the …
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… NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY MARY SIOBHAN … expressing his opinion of the Subject Property’s true or fair market value as of the October 1, 2019 valuation date.8 … would require a mater to continue to another hearing. 15 Lastly, the planning board may also decide to reserve …