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… MOTIVATED TO TESTIFY IN A PARTICULAR WAY IN ORDER TO OVERCOME HIS STATUS AS AN UNDOCUMENTED IMMIGRANT AND RECEIVE A … evidence offered by the defense and necessary for a fair trial is kept from the jury." State v. Cope, 224 N.J. … to general credibility." Id. at 150 (citing Davis v. Alaska, 415 U.S. 308, 321, (1974)) (Stewart, J., concurring). …
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… the time of the shooting and, if subpoenaed, Burks would be compelled to testify, he stated he "can't bring [her] in." The reason he could not – or would not – compel Burks's appearance was not explored. It is not … the opportunity to assess Burks's credibility, precluding a fair resolution of defendant's PCR claim. We noted a …
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… and Hoffman. On appeal from the New Jersey Motor Vehicle Commission. Michael Confusione argued the cause for … of the MVC Department of Regulatory and Legislative Affairs. Appellant testified on his own behalf. Caraballo … prepared and mailed the notice to appellant at his last reported address on April 22, 2013. She also explained …
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… light-industrial (L-I) zone, where single-family uses and commercial pet-grooming facilities are not permitted. In … writs in the Law Division. In counts one and two of the complaint, plaintiffs sought a judgment invalidating the … argue: (1) they were denied due process and fundamental fairness because Seredy's counsel erroneously stated that a …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-5551-14T3 LEARNING COMMUNITY CHARTER SCHOOL, SOARING HEIGHTS CHARTER SCHOOL, … formula," the Court found: The State has constructed a fair and equitable means designed to fund the costs of a … Adjustment Aid and, thus, were not being denied that aid. Lastly, the ALJ found 9 A-5551-14T3 petitioners have failed …
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… The search revealed a black Airsoft pistol in the glove compartment, $930 cash in the center console, and a tactical … DEFENDANT OF HIS CONSTITUTIONAL RIGHTS TO DUE PROCESS AND A FAIR TRIAL. THEREFORE, DEFENDANT'S ROBBERY CONVICTION MUST … particular defendant or to the offense at issue." State v. Fuentes, 217 N.J. 57, 70 (2014) (citing State v. Pineda, 119 …
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… ASSISTANCE AND HEALTH SERVICES and UNITED HEALTHCARE COMMUNITY PLAN, Respondents-Respondents. … Norcross argued the cause for respondent United Healthcare Community Plan (Stradley Ronon Stevens & Young, LLP, … reasons in a November 29, 2016 letter. T.M. requested a fair hearing to contest the termination, and the matter was …
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… court's order granting summary judgment dismissal of her complaint alleging gender discrimination, hostile work … the same standard governing the trial court. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. … of conflicts, confusion and uncertainty; and basic fairness.'" Ibid. (quoting Oliveri, 186 N.J. at 522.) "In …
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… THE STATEMENT OF BURNELL SCOTT AT TRIAL DENIED DEFENDANT A FAIR TRIAL. (Not raised below). III. IMPROPER CONDUCT BY THE PROSECUTOR DURING THE TRIAL AND CERTAIN COMMENTS DURING SUMMATION WERE GROSSLY PREJUDICIAL AND … IT WAS ERROR FOR THE COURT TO FAIL TO CHARGE THE JURY ON ACCOMPLICE TESTIMONY. II. THE ADMISSION OF GRUESOME …
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… Avalon Princeton LLC's, plan to build a 280-unit rental community, including fifty-six affordable rental units, in … Princeton. The resolution required in relevant part: (1) "compl[iance] with all applicable municipal, COAH and UHAC … affordable to very low income households as defined by the Fair Housing Act and COAH regulations. Deed restrictions …
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… DEPRIVED DEFENDANT OF HIS CONSTITUTIONAL RIGHT TO A FAIR TRIAL. (Not Raised Below). POINT II THE COURT ERRED IN … been robbed in the past while buying drugs. After defendant completed the transaction, he heard someone screaming. … that he thought Guzman was trying to trick him into coming to see her, so he hung up the phone. Defendant then …
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… the pertinent facts from the trial record. Acting on complaints of drug activity in a local park, Edison Police … AND VIOLATIVE OF DEFENDANT'S RIGHT TO DUE PROCESS AND A FAIR TRIAL. U.S. Const. [a]mend[]. VI and X[IV]; N.J Const., … reasonably credible evidence'" in the record. State v. Fuentes, 217 N.J. 57, 72 (2014) (quoting Roth, 95 N.J. at …
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… there is probable cause to believe that a crime has been committed, or is being committed, at a specific location or that evidence of a … more than mere suspicion; it requires a showing of a "fair probability" that criminal activity is taking place. …
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… the Assault or Demonstrate that the Assault Occurred in the Commission of a Theft. B. The Plea Was Not Knowingly and … "Indeed, 'it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a … right to the assistance of counsel provides a fair opportunity to secure and consult counsel of a …
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… Law Division's February 23, 2018 judgment dismissing his complaint in lieu of prerogative writs, which was entered … 1986)). "[A]n articulation of reasons is essential to the fair resolution of a case." O'Brien v. O'Brien, 259 N.J. … also Himeji, 214 N.J. at 297-98; Medici, 107 N.J. at 4; Scholastic Bus Co. v. Zoning Bd. of Fair Lawn, 326 N.J. Super. …
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… and allowance of various hours and costs sought to be compensated for the litigation. Cornely cross-appeals, … in a mistrial on the claim. The jury awarded Cornely compensatory damages of $207,730 for emotional distress and … should satisfy itself that the assigned hourly rates are fair, realistic, and accurate, or should make appropriate …
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… were unduly prejudicial and violated his rights to a fair trial; (2) the judge ordered him to pay restitution … purchased a three-carat diamond ring from Tiffany and Company (Tiffany's) in Atlantic City. To finance his … his financing application. Defendant partially 3 A-2337-19 completed the application, leaving the section of the …
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… a curb then continued down a road that transitioned from commercial to residential. Traveling approximately forty … arguments. POINT I DEFENDANT WAS DENIED THE RIGHT TO A FAIR TRIAL DUE TO THE JURY HEARING THE ACCUMULATION OF … OF INADMISSIBLE POLICE RADIO TRANSMISSIONS. C. THE COURT COMMITTED REVERSIBLE ERROR WHEN, WHILE ATTEMPTING TO …
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… risk of re-offense given the lack of remorse, desire to communicate with his children, and lack of insight into his … Not Numerous. F. The Court Failed to Consider the Overall Fairness of the Sentence It Imposed. "A mistrial is an … we apply a deferential standard of review. State v. Fuentes, 217 N.J. 57, 70 (2014). We affirm the sentence …
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… is limited. R. 1:36-3. 2 A-4287-19 Plaintiffs, who filed a complaint alleging their landlord, defendant Mega Properties … cross-motion for summary judgment and dismissing the complaint with prejudice, based on prior litigation between … at the apple," the motion judge concluded it "would be unfair and inconsistent with the [collateral estoppel] …