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… They described him as a very tall, thin man with a light complexion. He was wearing a black hoodie and ripped jeans. … children's store, and then to the parking lot of a plumbing company nearby. Defendant got out of the car and told Biggs … him of his constitutional rights to due process and a fair trial under U.S. Const., amend. XIV, and N.J. Const. …
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… Submitted September 26, 2018 – Decided Before Judges Fuentes and Moynihan. On appeal from Superior Court of New … 1 Count three charging second-degree conspiracy to commit aggravated sexual assault, N.J.S.A. 2C:5-2; N.J.S.A. … hours of community service. Defendant argues "the State unfairly and unjustifiabl[y] singled [him] out for harsher …
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… with his arm out holding a gun, heard six shots fired, saw flashes from the gun, and saw a man fall to the ground. … for Simpson's female friend who lived there. Ruiz saw a man come to the window and say "don't come back here." The man … Raised Below). POINT III – THE DEFENDANT WAS DENIED A FAIR TRIAL DUE TO THE ABSENCE OF JURY INSTRUCTIONS ON HOW TO …
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… Daniel S. Rockoff, of counsel and on the briefs). Douglas B. Pagenkopf, Assistant Prosecutor, argued the cause for … OVER THE DEFENDANT'S OBJECTIONS DENIED DEFENDANT A FAIR TRIAL. U.S. Const., AMENDS. V, XIV; N.J. Const., ART. … and signed a polygraph consent form. After the exam was completed, the detective advised defendant that he failed …
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… and suppress evidence. He contends: POINT I TRIAL COUNSEL COMMITTED A VIOLATION OF THE RULES OF PROFESSIONAL CONDUCT … with the records relating to his district-issued automobile. Defendant's attorney, Robert Honecker, Jr., … first time on appeal, argues he 28 A-1473-15T4 was denied a fair trial due to prosecutorial misconduct, claiming the …
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… Count one charged defendant with conspiring with Abella to commit burglary. Counts two and three charged both men with … N.J.S.A. 2C:11-4(a). The State, in turn, agreed to recommend to the court a sentence of a twenty-seven-year … OF R. 1:8-3(B)(2) AND VIOLATED DEFENDANT'S RIGHT TO A FAIR TRIAL. (Raised Below). PRO SE POINT II THE TRIAL COURT …
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… Child Support Guidelines (Guidelines). Plaintiff had no income other than the $30,000 per year she received in alimony … expenses plaintiff listed were for maintenance and fuel. Although one of the two vehicles belonged to … was not a random figure, but an amount the judge found was fair based on plaintiff's credible testimony and CIS. Thus, …
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… 2C:11-3(a)(1) or (2), with the aggravating factor of committing murder to escape detection, in violation of … statements to the 10 A-4777-16T1 jury went beyond fair comment on the evidence"; and (5) the "sentence is … [our] judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014) (citing State v. O'Donnell, …
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… MICHAEL PERMENTER and BETH PERMENTER, individually and as class representatives on behalf of others similarly situated, … against the owners and property managers of their apartment complexes, defendants East Coast The Willows, LLC, East … of the class, and (4) the representative parties will fairly and adequately protect the interests of the class. …
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… goals of "promoting the search for truth," and "providing fair and just trials." State v. Scoles, 214 N.J. 236, 251-52 … arrest by a police officer as the initial process, or on a complaint by a police officer, local law enforcement … inference charge where State destroyed a crashed automobile in a vehicular homicide case); Cost v. State, 10 A.3d …
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… Gloucester County Prosecutor, attorney for respondent (Douglas B. Pagenkopf, Assistant Prosecutor, on the brief). PER … of an incident in which there was only one victim, David Compton, who was killed by a single gunshot wound to his … ERRORS DENIED DEFENDANT HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL, AND WARRANTS REVERSAL. (Not Raised Below). We …
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… deny the defendant's motion B. The doctrine of fundamental fairness independently requires dismissal of the indictment … THE DEFENDANT. (Not raised below) POINT VI THE PROSECUTOR'S COMMENTS DURING SUMMATION ON THE DEFENDANT'S FAILURE TO … food for the breakfast at the nearby High Gate apartment complex. When the two men returned, they were approached …
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… Argued December 2, 2020 – Decided Before Judges Fuentes, Whipple and Firko. On appeal from the Superior … of an August 8, 2016, order dismissing her amended complaint against attorney defendants Carl D. Poplar, … that I fear that going forward they may preclude a fair and unbiased hearing and judgment in this matter." On …
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… them after they failed to file an answer to the foreclosure complaint. On September 7, 2006, the Guillaumes refinanced … the Guillaumes in a “Notice Pursuant to Section 6 of the Fair Foreclosure Act,” that US Bank was ready to submit its … Fisher and Kyle L. Rosenkrans, on the brief). Brian C. Nicholas and Jaime R. Ackerman submitted a brief on behalf of …
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… forced to retire involuntarily in April 2013. During the last four years of his employment, plaintiff faced multiple internal affairs (IA) investigations, including allegations of engaging … behalf of his brother while on-duty and using a PD-issued computer for personal reasons. In 2014, plaintiff filed a …
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… were found guilty of aggravated assault and conspiracy to commit robbery. They separately appeal from their … CHIEF. POINT II DEFENDANT WAS DENIED THE RIGHT TO A FAIR TRIAL DUE TO REPEATED ERRORS IN ALLOWING HEARSAY … the latest of these crimes or the date of the defendant's last release from confinement, whichever is later, is within …
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… to retailers and leased the remaining seven floors to Glassboro State College and the civil service training center … defendant -$200,000. Consequently, defendant filed a complaint, seeking to preclude plaintiff from "initiat[ing] … V; N.J. Const. art. I, ¶ 20. "Just compensation is 'the fair market value of the property as of the date of the …
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… go." She tried to escape from the man, and he was saying: "Come on let's go over there." A.G. started yelling when she … (App. Div. 2011). Just as "[a] person traveling in an automobile on public thoroughfares has no reasonable expectation … were double counted and failed to consider the overall fairness of the aggregate sentence. The State acknowledges …
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… favor of defendants. Plaintiffs argue that the trial court committed reversible error in the jury charge and verdict … playing soccer and baseball. As a soccer goalie, he had competed at a high level and had sustained several head … defense counsel interfered with the ability of the jury to fairly and impartially consider the evidence. Nor has there …
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… discovered what she described as a draft will on Fou's computer showing the family had personal and business assets … and she did not participate in the discussion. The meeting lasted approximately thirty minutes, and she signed many … and that he would not render any legal advice as to the fairness of the division of property. He also told them the …