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… and DEANNA MINCHELLO, Defendants-Appellants, and J HOFERT COMPANY, FIA CARD SERVICES NA, SCHUMANN HANLON LLC, DISCOVER … denying their cross-motion for "leave to file a third-party complaint or seek monetary damages based on insurance … plan with them and violated the covenant of good faith and fair dealing by "refusing to disburse defendants' insurance …
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… his jury trial convictions arising from a home invasion committed by a group of five individuals. During the course … necessary for the sentencing court to explain the overall fairness of imposing consecutive sentences as required by … Miranda forms at the start of both recorded interrogations. Lastly, with respect to the admissibility of the recorded …
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… that the CI told the suspected seller, using coded language commonly used in controlled CDS transactions, "he had … BE REVERSED BECAUSE DEFENDANT WAS DENIED HIS RIGHT TO A FAIR TRIBUNAL BY THE JURORS' PERVASIVE USE OF CELL PHONES … so as to shock the judicial conscience." State v. Fuentes, 217 N.J. 57, 70 (2014) (second alteration in …
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… Middlesex County, Indictment No. 16-12-1848. Laura B. Lasota, Assistant Deputy Public Defender, argued the cause … DEPRIVED . . . MCCAIN OF HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL. POINT IV THE COURT COMMITTED REVERSIBLE ERROR WHEN PERMITTING THE LEAD …
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… of conviction for felony murder, robbery, conspiracy to commit robbery, and unlawful possession of a handgun. We … girlfriend, followed immediately by blocked calls to Flash Taxi at 3:58 a.m., 3:59 a.m., 4:00 a.m., and 4:01 a.m., … a doctrine would be to put a poor person under so much unfair suspicion and at such a relative disadvantage that for …
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… D.B. were not in a relationship, and defendant was not welcome in D.B.'s home. According to D.B., she and defendant … D.B. 10 A-4141-16T3 POINT 2 THE PROSECUTOR EXCEEDED FAIR COMMENT IN SUMMATION. POINT 3 THE TRIAL COURT ERRED IN … regard that the United States Supreme Court in Davis v. Alaska, 415 U.S. 308, 316-17 (1974), "recognized that the …
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… argued the cause for respondent Atlantic City Electric Company (Gibbons PC, attorneys; Mr. Lustberg and Amanda B. … operations, income taxes, and depreciation, and (3) a fair rate of return to investors." In re N.J. Am. Water Co., … include, if applicable, the CTA included in the company's last rate base case. The notice advised that following the …
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… MOTHER NOT CHARGED IN THE INDICTMENT SUBVERTED THE FAIRNESS OF THE TRIAL. POINT V THE INSUFFICIENT TRANSLATION … CUMULATIVE PREJUDICIAL IMPACT OF THE PROSECUTOR'S IMPROPER COMMENTS DENIED APPELLANT A FAIR TRIAL. We affirm. I … appellate courts construe the Constitution, statutes, and common law 'de novo – with fresh eyes . . . .'" Id. at 380 …
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… testified that while taking a shower in the bathroom at a community pool, he saw defendant taking a shower at the … RIGHTS OF THE DEFENDANT TO DUE PROCESS AND TO A FAIR TRIAL WERE VIOLATED BECAUSE THE COURT SUBSTITUTED A … with its finding of mitigating factor seven because the last of defendant's disorderly persons convictions was eight …
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… Submitted October 19, 2016 – Decided Before Judges Fuentes, Simonelli and Carroll. On appeal from the Superior … 2C:15-1 (count two); and first-degree murder during the commission of a crime, N.J.S.A. 2C:11-3(a)(3) (count three). … or so inherently inflammatory as to detract the jurors from fairly considering whether defendant was guilty or innocent. …
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… that was entered after a jury found him guilty of committing third-degree possession of a controlled dangerous … then knocked and looked in, observing a pile of cash and a plastic bag containing white powder on a dresser that he … deprived defendant of his due process rights as well as a fair trial, warranting a reversal of his conviction. He …
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… Krakora, Public Defender, attorney for appellant (Laura B. Lasota, Assistant Deputy Public Defender, of counsel and on … PER CURIAM A jury convicted Juan Sanes of conspiracy to commit murder and related crimes arising out of a drive-by … by a juror that defendant was denied his right to a fair trial; and the court erred in sentencing him. We …
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… appeals from his 2019 conviction by a jury of having committed the fourth-degree offense of causing or risking … of venue were "only guaranteed to cause this litigation to last much longer." The result of the motion was that … bring a case to trial, "[a]s a matter of fundamental fairness," the State must avoid "excessive delay in …
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… STATE OF NEW JERSEY, Plaintiff-Respondent, v. JAMES COMER, a/k/a JAMES B. COMER, JAMES F. COMER, and JAMESA … 2C:39-4(a); count sixteen -- theft of a 1994 Honda automobile, contrary to N.J.S.A. 2C:20-3(a); count seventeen … conscience and violates principles of fundamental fairness), Comer points to changes in other states' laws …
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… responsibility, leadership, and ownership of the JLC, and commits itself to the financial plan described herein for … continued involvement was born out by their behavior. Last, the court determined the Arbitration Contract … time—the arbitration clause is invalid because it does not fairly apprise the parties of their right to file suit in …
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… (PSA). We affirm. In April 2016, plaintiff D.M.C. filed a complaint for divorce ending the parties' thirty-one-year … including a breakdown following the filing of the divorce complaint. In September 2016, the parties' counsel entered a … her "incapable of governing herself and managing her affairs and unable to consent to medical treatment." The court …
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… November 4, 2021 – Decided December 13, 2021 Before Judges Fuentes, Gilson, and Gummer. On appeal from the Superior … later identified as defendant, and smelled burnt marijuana coming from the passenger compartment. Haggerty radioed … v. Dunbar, 229 N.J. 521, 532 (2017). "To be lawful, an automobile stop 'must be based on reasonable and articulable …
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… "snatch- and-grab" robbery outside the victim's apartment complex in Ocean Township. After ordering the appropriate … I DEFENDANT WAS DEPRIVED OF HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL BECAUSE THE STATE INTRODUCED A PRIOR INCONSISTENT … Id. at 577-78. The defendant's eyes appeared bloodshot and glassy, his eyelids drooped downward, and his face was pale …
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… the roadway. She assumed Jocelyn's car collided with an oncoming truck. Defendant continued on Georgetown Road past … AND THE DEFENDANT OF DUE PROCESS OF LAW AND THE RIGHT TO A FAIR TRIAL. (Not Raised Below). A. THE JURY INSTRUCTION ON … statute. Standing alone, the reckless driving of an automobile which results in the death of another satisfies all …
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… BECAUSE THE JURY WAS NOT INSTRUCTED THAT IT MUST DISREGARD COMPLETELY ITS PRIOR VERDICT, AND THAT THE DEFENDANT WAS … INNOCENCE. POINT IV: DEFENDANT WAS DENIED DUE PROCESS AND A FAIR TRIAL BY PROSECUTORIAL ERROR IN THE FORM OF … 15, 28 (2019) (alteration in original) (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)).] 1. The Consecutive …