njcourts.gov
… Court considers whether defendant Dante Allen was denied a fair trial because the trial court permitted a detective to … the officer”; that another view of the first muzzle flash showed “where the suspect has turned and discharged the … suspect] was standing when he fired the round.” Instead of commenting that the surveillance video showed the discharge …
njcourts.gov
… victims' families and witnesses outweigh the Judiciary's commitment to transparency in this opinion, we use initials … saw defendant shoot a man on Haddon Avenue. Frank did not come forward to tell what he claimed he saw until July 2016, … THE BALLISTICS EXPERT'S FINDINGS, DEPRIVING DEFENDANT OF A FAIR TRIAL. POINT V – [THE] TRIAL COURT ERRED IN IMPOSING AN …
njcourts.gov
… appeals from two Law Division orders that dismissed his complaint in which he alleged defendants Officer John Kelly, … motion and dismissing, with prejudice, the six-count complaint. 3 A-0754-21 He contends the court erred in … encounters. In October 2017, plaintiff filed an internal affairs complaint with the CPD and a lawsuit, not at issue in …
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… November 8, 2018 – Decided July 25, 2019 Before Judges Fuentes, Vernoia and Moynihan. On appeal from the Superior … law, we are convinced that the cumulative effect of errors committed during the trial had the probable effect of rendering the trial unfair, and reverse. I. On April 28, 2015, Anthony Mayse died …
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… THE JURY INSTRUCTIONS ON SELF-DEFENSE WERE FATALLY INCOMPLETE. POINT II DEFENDANT'S CONVICTION MUST BE REVERSED[] … a Victory Taxi employee who was working behind a glass window inside the office, defendant repeatedly asked … argues that the court "prejudiced [his] right to a fair trial" by failing to state explicitly that self-defense …
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… 1 Because the victim and some witnesses share the same last name we refer to the parties by their first names. No … A-5389-15T2 After the shooting, defendant told Dorothea to "come on" and "get [him] the hell out of there." Dorothea and … OF ROBERT'S PRIOR CONVICTIONS, THEREBY DEPRIVING HIM OF A FAIR TRIAL. (PARTIALLY RAISED BELOW). POINT VI THIS COURT …
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… DOCKET NOS. A-0754-15T1 A-0808-15T1 PENN NATIONAL INSURANCE COMPANY, Plaintiff-Appellant, v. GROUP C COMMUNICATIONS, … G.M. SIGN, INC., individually and on behalf of a certified class as judgment creditors of GROUP C COMMUNICATIONS, INC., … (Civil), 4.10J, "Implied Terms — Covenant of Good Faith and Fair Dealing" (2011) (cases cited in footnotes two and …
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… certain persons, trial. Defendant also alleges the State committed prosecutorial misconduct multiple times throughout … OF THE TRIAL ERRORS DEPRIVED [R.H.] OF DUE PROCESS AND A FAIR TRIAL AND WARRANTS REVERSAL OF HIS CONVICTIONS. (NOT … in time of these crimes or the date of the defendant's last release from confinement, whichever is later, is within …
njcourts.gov
… sexual assault, contrary to N.J.S.A. 2C:14-2(a)(1), by committing multiple acts of sexual penetration of A.G., who … to A.G. in 1998, and to D.G. in 2000. Ay.G. did not have a lasting relationship with the birth father of A.G. and D.G., … VERSION OF N.J.R.E. 609 DEPRIVED [HIM] OF DUE PROCESS AND A FAIR TRIAL. HAD THE COURT USED THE CORRECT VERSION OF THE …
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… v. RETROFITNESS, LLC, ABC FINANCIAL SERVICES COMPANY, INC., Z TIMES THREE, LLC, d/b/a RETROFITNESS OF KENILWORTH, BRITCARIANNA, LLC, d/b/a RETROFITNESS-FAIRFIELD, PJ'S FITNESS EXPRESS, INC., d/b/a RETROFITNESS OF … appellant ABC Financial Services, Inc. (Cohen Seglias Pallas Greenhall and Furman PC, attorneys; Jonathan A. Cass, on …
njcourts.gov
… his address in Somerville. The police then obtained a communication data warrant (CDW) for the listed telephone … following six arguments: POINT I – DEFENDANT WAS DENIED A FAIR TRIAL BY THE COURT'S ERRONEOUS ADMISSION OF TEXT … its judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014). "At the time of sentencing, …
njcourts.gov
… one); first-degree aggravated sexual assault during the commission of a crime, N.J.S.A. 2C:14-2(a)(3) (count two); … found to suggest a forced entry, police observed: knife slashes in the living room furniture; blood on a pillow, … DEFENDANT'S FEDERAL AND STATE CONSTITUTIONAL RIGHTS TO A FAIR TRIAL. [U.S. Const., amends. VI, XIV; N.J. Const., art. …
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… sales are done," and the NBPD had received numerous complaints from citizens that "numerous individuals were … POINT I THE TRIAL COURT VIOLATED [DEFENDANT'S] RIGHT TO A FAIR TRIAL BY ALLOWING THE POLICE DETECTIVE TO TESTIFY THAT … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… argues in a pro se supplemental brief that the prosecutor committed misconduct during both the charging process and at … to stay inside while she called the police. Sergeant Nicholas Czepiel of the Florence Township Police Department … I DEFENDANT WAS DENIED HIS RIGHTS TO CONFRONTATION AND A FAIR TRIAL BY 13 A-4829-18 TESTIMONY AND ARGUMENT CREATING …
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… the judgment and orders denying her motion to dismiss the complaint, granting plaintiff's motion to dismiss her legal … a June 8, 2017 hearing, explaining "there is no way on the last day of testimony that [he] would allow [plaintiff] to … The court found as fact defendant agreed to pay a fair amount for plaintiff's services and had breached the …
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… search of a person who has been "detained or arrested for commission of an offense other than a crime" unless the … for a hearing to determine whether the search of an automobile pursuant to a search warrant was sufficiently free of … JURY INSTRUCTIONS DEPRIVED DEFENDANT OF HIS RIGHT TO A FAIR TRIAL AND DUE PROCESS OF LAW. (Not Raised Below). A. …
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… with a forty-year period of parole ineligibility, comprised of two consecutive sentences. The convictions … that "juror substitution 'should be invoked only as a last resort'" because "juror substitution poses a clear … (2014). "A criminal defendant's 'constitutional right to be fairly tried by an impartial jury' is protected by both the …
njcourts.gov
… Perth Amboy police arrested defendants after observing a plastic bag of suspected cocaine on the center console of a … a "baggie with some residue on it," which he testified was "common packaging material for narcotics purposes, for the … JURY CHARGE WAS REVERSIBLE ERROR THAT DENIED [HIM] A FAIR TRIAL[.] POINT II THE TRIAL JUDGE ERRED IN DENYING THE …
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… individually (Walsh); Smith-Sondy Asphalt Construction Company and its engineer, Nicola Genchi; and Straight Edge … erroneous adverse rulings aggregated to make the trial unfair." Additionally, all defendants filed cross-appeals … in original) (quoting Manalapan Realty, LP v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). Because …
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… WAS MOST ACUTE AND IT WAS NOT PROBATIVE OF HIS CREDIBILITY; COMPOUNDING THE PREJUDICE, THE PRIOR STATEMENT INJECTED … 4 A-3631-17 POINT III: DEFENDANT WAS DEPRIVED OF A FAIR TRIAL BASED ON TWO INSTANCES OF PROSECUTORIAL … defendant had informed him that he would be attending a scholastic program at Kean University called Adelante four days …