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… Argued September 21, 2016 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from the Superior … the scene. Del Rosario was prosecuted and convicted as an accomplice. On appeal, defendant raises the following … and proper [jury] charges are essential [to] a fair trial." State v. Baum, 224 N.J. 147, 158-59 (2016) …
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… broke into the apartment, brandished a meat cleaver, and slashed the friend's face and arms. Defendant then brandished … WHICH VIOLATED DEFENDANT[']S SIXTH AMENDMENT RIGHT TO A FAIR TRIAL. We reject defendant's assertion that a special … by the same theory; (2) the underlying facts are very complex; (3) the allegations of one count are either …
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… possession of a handgun while in the course of committing, attempting to commit or conspiring to commit the … Below) POINT IV THE STATE VIOLATED [DEFENDANT]'S RIGHT TO A FAIR TRIAL BY (i) POSITING TO THE JURY THAT THE SP/TSP WERE … of approximately five feet. Defendant was carrying a black plastic bag and a rolled-up white T-shirt. Troopers …
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… in the Edison school district (Edison) following the Acting Commissioner of the New Jersey State Board of Education's … the "year of the offense" – January 1, 2006 – through the last date on which pension contributions were remitted on … at the tenure proceedings at which she had "a full and fair opportunity to litigate the issues" related to her …
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… returned back to Cedar Hill. On January 12, 2009, Joseph complained of left side weakness and back spasms. He was … months, 4 A-3544-13T4 Joseph experienced additional complications. He was eventually admitted to another … purpose "is to empanel a jury without bias, prejudice or unfairness." Gonzalez v. Silver, 407 N.J. 13 A-3544-13T4 …
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… judgment in favor of defendant ONE Bus dismissing her complaint. We affirm. NOT FOR PUBLICATION WITHOUT THE … under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … determination of the existence of a duty is a question of fairness and public policy." Id. at 339 (citing Clohesy v. …
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… "a 'safety net' to insure that the litigant receives a fair hearing and to allow the trial to proceed without the … petition by order dated December 15, 2015. She issued a comprehensive, twenty-four 5 A-3299-15T3 page written … him, the outcome of the trial would have been different." Last, Judge Venable found that defendant's argument that …
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… in independent and private nursing care," to "educate the community at large as to the benefits of independent and … by A&A. On or about July 30, 2018, plaintiffs filed a complaint in the Chancery Division (the "Chancery Action") … allegation that Dobbs and Kelly had mismanaged A&A's affairs "without regard for the bylaws" but believed "such …
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… an evidentiary hearing. We affirm. I. The following facts encompassing defendant's underlying conviction are pertinent … that the judicial system has denied a 'defendant with fair proceedings leading to a just outcome' 6 A-2119-20 or … a retroactive application to cases on collateral review. Lastly, none of the cases cited by defendant initially …
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… facts from the record. On November 6, 2015, defendant committed three armed robberies in Paterson by pointing a … three counts of first -degree robbery in exchange for a recommended sentence of three concurrent ten-year terms, … sentence. And we were able to negotiate – a very fair and reasonable offer. So, we decided it would [be] the …
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… 2C:11-3(a)(3); first-degree robbery and conspiracy to commit first-degree robbery, N.J.S.A. 2C:15-1 and N.J.S.A. … was no hearing on this matter on the specified date; the last hearing of record was July 23, 2015. As such, we do not … ITS PROBATIVE VALUE WAS SUBSTANTIALLY OUTWEIGHED BY THE UNFAIR PREJUDICE IT PRODUCED. POINT III TRIAL ATTORNEY FAILED …
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… the representation less than adequate nor prejudiced the outcome. Thus, we reverse. The familiar Strickland v. … and that the deficiency prejudiced his or her right to a fair trial. 466 U.S. 668, 687 (1984); State v. Pierre, 223 … was selling drugs from the vestibule, watching through the glass window of the building's front door. Once Anderson …
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… attorneys for appellant (Joshua Seoung Young Lim and Nicholas J. DuBois, on the briefs). Saiber LLC, attorneys for … from the trial court's February 15, 2019 order dismissing a complaint for lack of personal jurisdiction over the named … of the suit does not offend 'traditional notions of fair play and substantial justice.'" (quoting Milliken v. …
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… 24, 2020 order denying plaintiff's motion to amend his complaint; a February 25, 2020 order granting 4 A-3612-19 … Plaintiff is also the owner and managing partner of Nicholas Holdings, LLC (Nicholas Holdings) which acquired … duty, and breach of the covenant of good faith and fair dealing against the CPPOA. The complaint also alleged …
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… cogent and thoughtful opinion. We add the following comments. The parties were married in 1990 and have two … so long as the agreement is voluntary and deemed "fair and equitable." Massar, 279 N.J. Super. at 93 (citing … nor did he demonstrate an entitlement to a plenary hearing. Lastly, we perceive no basis to disturb the trial court's …
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… 3 A-0527-18T3 Defendants argue the Family Part committed reversible error by granting the Division's motion … held that considerations of due process and fundamental fairness did not entitle a parent to a hearing before the … prejudice late in litigation are often disfavored. Shulas v. Estabrook, 385 N.J. Super. 91, 100-01 (App. Div. …
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… of his medical records. 3 A-0461-18T4 respond to communications regarding her father's medical care. Deptford … the denial of his application through a request for a fair hearing.3 The matter was transferred to the Office of … On July 5, 2018, ALJ Olgiati issued an initial decision recommending the denial of benefits be affirmed. The ALJ …
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… DIVISION DOCKET NO. A-2248-18T2 NEW JERSEY MOTOR VEHICLE COMMISSION, Petitioner-Respondent, v. LARRY'S PROFESSIONAL … and waived their rights to a hearing. And that is why the fairest course is to exclude the prior settlements as … be injurious to the public well-being," citing Vasquez v. Glassboro Service Association, Inc., 83 N.J. 86 (1980). The …
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… the Borough violated her right to free speech when she made complaints to the Borough about the alleged selective … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … Cavallaro repeats the argument that she cannot receive a fair adjudication in Ocean County and that recusal was …
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… In June 2017, plaintiff, an advertising agency, filed a complaint against defendant for unpaid fees, and served … his payment, [and defendant]'s 5 A-3078-18T1 balance is fairly minor." Plaintiff's counsel objected and noted there … were spent in trial each day. The transcripts show trial lasted approximately three hours and fifty-two minutes, …