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njcourts.gov
… After this incident, plaintiff filed a domestic violence complaint and obtained a temporary restraining order (TRO) … February 12, 2021 FRO trial. 4 A-3208-20 This conversation lasted about five minutes before plaintiff ended the video … overbroad in violation of the First Amendment. State v. Fair, 469 N.J. Super. 538 (App. Div. 2021); U.S. Const. …
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njcourts.gov
… also stated he understood if he did not successfully complete the Recovery Court program, he would be subject to … Act (NERA), N.J.S.A. 2C:43-7.2.1 Defendant successfully completed the Recovery Court program in November 2016. In … THE PCR COURT ERRED BY DENYING THE APPELLANT A FULL AND FAIR EVIDENTIARY HEARING BY PRECLUDING THE APPELLANT FROM …
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njcourts.gov
… a nearby driveway with some $3000 in cash in a locked glove compartment. 5 A-2445-16T1 The medical examiner testified … transaction because defendant requested exact change and commented that "money was tight." That same day, defendant … OF HIS MOTIVE TO ROB AND KILL THE VICTIM DENIED DEFENDANT A FAIR TRIAL POINT TWO: THE TRIAL COURT ERRED BY ADMITTING …
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njcourts.gov
… WAS INADMISSIBLE [AND] DEPRIVED DEFENDANT OF A FAIR TRIAL. 6 A-0936-17T4 POINT II THE PROSECUTOR'S … "pass muster" so long as it is "firm, clear, and accomplished without delay." State v. Vallejo, 198 N.J. 122, … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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njcourts.gov
… (2), focusing his argument on the denial of a right to a fair trial because the judge failed to sua sponte issue a … a hotel. After the police located defendant, he willingly accompanied the officers to the Union County Prosecutor's … 411 (1990). While the first two elements are objective, the last two elements are subjective and the "subjective …
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njcourts.gov
… suffering from dementia and no longer able to manage her affairs, a social worker at the Deptford Center filed an … behalf. Thomas included a copy of an unfiled guardianship complaint with the application, as well as a psychiatric … -2.2(c). Medicaid is intended to be a resource of last resort and is reserved for those who have demonstrated …
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njcourts.gov
… THUS DENIED THE DEFENSE THE ABILITY TO PRESENT A FULL AND FAIR DEFENSE. POINT IV – CUMULATIVE ERRORS DENIED THE … judge correctly found that Officer Gawin's testimony complied with the statutory requirements establishing that … whether litigation was contemplated by the declarant, the complexity of the subject matter, and the likelihood of …
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njcourts.gov
… arbitrarily and capriciously by including annualized income from her then-nineteen-year-old daughter, who was a … hour and during a forty-hour week was paid $480 in gross income. T.H. was being paid $8.38 per hour. During one … be terminated effective December 31, 2017. T.S. requested a fair hearing and the matter was transmitted to the Office of …
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njcourts.gov
… PER CURIAM This appeal arises out of a default of a commercial loan and guaranties of that loan. Defendants … between the sales price of the mortgaged property and its fair market value. On June 20, 2014, the trial court ruled … or order as a matter of law.'" Ibid. (quoting Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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njcourts.gov
… MCBRIDE, her spouse, Plaintiffs-Appellants, v. STEPHANIE FAIR- WILLOUGHBY, Defendant-Respondent, and CITY OF JERSEY … appeal from the Law Division order dismissing their complaint against defendant,2 after a jury returned a … be just and reasonable." Mauro v. Owens- Corning Fiberglas Corp., 225 N.J. Super. 196, 206 (App. Div. 1988), aff'd …
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njcourts.gov
… January 8, 2020 – Decided January 27, 2020 Before Judges Fuentes, Haas and Enright. On appeal from the Superior Court … motion for summary judgment, and dismissing plaintiff's complaint that alleged defendants violated the terms of an … (count one); (2) breach of covenant of good faith and fair dealing (count two); (3) negligent hiring and retention …
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njcourts.gov
… Argued March 13, 2019 – Decided April 3, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from Superior Court … Republic. He claimed he killed his wife because he was commanded to do so by voices in his head that started after … denied effective assistance of counsel and the right to a fair trial by being forced to appear unshaven and in …
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njcourts.gov
… motion to dismiss the Borough's declaratory judgment complaint to invalidate the vacation of a portion of 20th … of redevelopment, the Borough wanted Marina to maintain a fuel dock and a restaurant on the property, to create more … agreement, including the implied covenant of good faith and fair dealing; that none of the sworn representations of …
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njcourts.gov
… 2C:39-5(d) (count three); second-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and N.J.S.A. … the two men "to stop and get down," but they did not comply. He then observed Alston "drop an object onto the … WOULD ADVERSELY IMPACT THE DEFENDANT'S ABILITY TO RECEIVE A FAIR TRIAL. C. THE DEFENDANT DID NOT RECEIVE ADEQUATE LEGAL …
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njcourts.gov
… that follow, we affirm. A jury convicted defendant of committing second-degree eluding, N.J.S.A. 2C:29-2(b); … operating a motorcycle, after an officer observed defendant commit a moving violation, and then ignored the officer's … 4 A-5650-14T2 POINT I DEFENDANT WAS DENIED HIS RIGHT TO A FAIR TRIAL BASED UPON A PREEXISTING BIAS BY A RACIALLY …
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njcourts.gov
… APPELLATE DIVISION DOCKET NO. A-5266-15T2 ANIM INVESTMENT COMPANY, Plaintiff-Appellant, v. GEORGE SHALHOUB and … a Notice of Intent to foreclose in compliance with the Fair Foreclosure Act, N.J.S.A. 2A:50-56, and, on August 31, … to a judgment or order as a matter of law." [Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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njcourts.gov
… Malikah Colvin, Michelle Howe, and Crystal Montgomery. In a comprehensive oral decision, Judge Kathleen M. Delaney … The PCR process affords an adjudged criminal defendant a "last chance to challenge the 'fairness and reliability of a criminal verdict. . . .'" …
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njcourts.gov
… of the night. The security footage showed that no inmate complied.1 Instead, it showed some inmates using kiosks and … were taking place. Petitioner also challenged the fairness of his disciplinary hearing. First, petitioner … leading this demonstration" denied him a fair hearing. Last, petitioner argued that COVID restrictions denied him …
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njcourts.gov
… after a jury found him guilty of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and 2C:11-3(a). Defendant was … Laquan Dwight, and Russell with: first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a), … "[A]ppropriate and proper charges are essential for a fair trial." State v. Baum, 224 N.J. 147, 158-59 (2016) …
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njcourts.gov
… searched incident to the arrest, officers found eleven glassines of heroin as well as a loaded handgun. The trial, … of the officers. The prosecutor responded that his comments were proper comment because they "highlight[ed] … OF THE POLICE OFFICERS, THE DEFENDANT WAS DENIED A FAIR TRIAL BY THE PROSECUTOR'S COMMENTS IN SUMMATION …