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njcourts.gov
… Harvey argued the cause for appellant (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Jonathan H. … 76, 97 (2013) (noting the JTCL "was enacted to promote the fair sharing of the burden of judgment by joint tortfeasors … the medical treatment of a broken arm, the result of an automobile accident.6 237 N.J. Super. 418, 420 (App. Div. 1989). …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… his constitutional rights and principles of fundamental fairness when it admitted into evidence a notice of motion … in currency seized. Defendant filed an answer to the complaint in the civil forfeiture action, stating a general … The package contains 1006.6 grams of cocaine, wrapped in plastic. Seized from the person is $656, in the following …
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njcourts.gov
… N.J.S.A. 2C:14-2(a)(5); first-degree sexual assault by committing an act of sexual penetration on S.S. knowing she … N.J.S.A. 2C:14-2(a)(5); first-degree sexual assault by committing an act of sexual penetration on S.S. knowing she … not testify. He also alleged he was denied the right to a fair trial because: the assistant prosecutor engaged in …
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njcourts.gov
… within days of securing it. In June 2015, plaintiff filed a complaint for divorce but then withdrew it. Defendant … to the parties going to 6 A-0122-21 court. Regarding the last predicate act listed in plaintiff's complaint, she … history. Lastly, she contends she was deprived of a fair trial due to the virtual trial format. None of these …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… JURY INSTRUCTIONS DEPRIVED FLORES OF HIS RIGHT TO A FAIR TRIAL. (Partially Raised Below). A. The Court Directed … Errors Warrants Reversal. POINT II – THE TRIAL COURT COMMITTED REVERSIBLE ERROR WHEN ADVISING THE JURY TWICE THAT … advised the jury of upcoming events: I think I indicated last Thursday that I thought the State's case might wrap up …
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njcourts.gov
… Argued April 11, 2018 – Decided July 17, 2018 Before Judges Fuentes, Manahan and Suter. On appeal from Superior Court of … (counts fifteen through nineteen); and conspiracy to commit armed robbery, criminal restraint and possession of a … you did, would that impact your ability to continue to be fair and impartial as a juror? JUROR SEVEN: No. THE COURT: …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… State Constitutions. 2 1. A PCR proceeding is a defendant’s last opportunity to challenge the fairness of a criminal verdict in the state system, and … supra, 195 N.J. at 173-74. Additionally, widely-read commentary existing at the time of defendant’s appeal warned …
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njcourts.gov
… 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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njcourts.gov
… assigned). Plaintiff Elmer Branch and the putative class of similarly situated truck drivers appeal the trial … Dairy ("COL") and dismissal of their class-action complaint alleging a failure to pay overtime wages in … Loomis. D. Guidance From the Federal Courts Construing the [Fair Labor Standards Act]'s "Good Faith" Defense Supports …
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njcourts.gov
… After a 2007 trial, a jury found defendant guilty, as an accomplice, of purposeful murder of Charles Mosley. The … right to counsel and his rights to due process of law and a fair trial; if the court finds this issue should have been … Ass'n v. Khan, 210 N.J. 482, 505-06 (2012) (quoting Fuentes v. Shevin, 407 U.S. 67, 95 (1972)). We recognize …