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njcourts.gov
… while not recorded, were memorialized in written reports completed after the identifications. The photo array shown … during the identification process. Additionally, the judge commented that the duration of the home invasion was … Roy S. Malpass et al., Lineup Construction and Lineup Fairness, in 2 The Handbook of Eyewitness Psychology: Memory …
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njcourts.gov
… v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and COMPACT AUTO BODY, INC., Respondents-Respondents. … Submitted October 3, 2018 – Decided Before Judges Fuentes, Vernoia and Moynihan. On appeal from the Board of … arbitrary, capricious, or unreasonable, or that it lack[ed] fair support in the record." Russo v. Bd. of Trs., Police & …
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njcourts.gov
… because the Division's "not established," findings lacked fair support in the record. However, with respect to the … old daughter from another relationship, K.C. (Kim), complained to her mother that Doug struck her with a belt, … a domestic violence incident in February 2017, which had become physical between them and resulted in their arrests. …
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njcourts.gov
… v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, Defendant-Respondent. … determined that the step-down provision in Erich's1 NJM automobile insurance policy's uninsured/underinsured (UM/UIM) … claimed NJM breached the implied covenant of good faith and fair dealing when handling Lori-Anne's claim. 5 A-1102-17T3 …
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njcourts.gov
… the tree was located on his front lawn, and there were no complaints of branches falling from it, or other problems … Div. 2000). Our review of questions of law is de novo. Nicholas v. Mynster, 213 N.J. 463, 478 (2013); Manalapan Realty, … and the harm sought to be prevented is "serious," it is fair to impose a duty. In the final analysis, the …
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njcourts.gov
… situation, Lavin ordered R.C. to go upstairs. After R.C. complied, defendant opened the door all the way, at which … to drop the knife. Initially, defendant refused to comply and spewed profanities while still brandishing the … charge "deprived [defendant] due process of law and a fair trial under both the United States and New Jersey …
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njcourts.gov
… defendant pleaded guilty to second-degree conspiracy to commit robbery under Indictment No. 16-10-2847 and … In exchange for his guilty plea, the State agreed to recommend a seven-year term with an eighty-five percent period … to the extent they were deprived of their right to a fair trial. State v. Fritz, 105 N.J. 42, 58 (1987) (adopting …
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njcourts.gov
… The investigating officers saw signs of injury on both the complaining occupants. The female victim suffered a right … the victims' residence, he walked through the open sliding glass door to speak with the male occupant and a physical … "only the 'most egregious examples of injustice and unfairness.'" State v. Negran, 178 N.J. 73, 82 (2003) (quoting …
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njcourts.gov
… Asset Portfolio III, LLC (DAP), motion to dismiss her complaint under Rule 4:6-2(e). The foundation of each count of Valentine's complaint rested on the notion that a private right of … that defendants' violation of the NJCFLA also violated the Fair Debt Collection Procedures Act (FDCPA), 15 U.S.C. §§ …
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njcourts.gov
… provided as requested by UCDSS. E.W.'s estate requested a fair hearing, and the matter was transferred to the Office … letter so FCC could obtain the information needed to complete the application. Arevalo did not reply to this communication. Nine days later, the DAR requested an …
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njcourts.gov
… and memorialized their 1 Because all parties share a common surname, we refer to them by their first names. No … that when a controversy between parties is once fairly litigated and determined[,] it is no longer open to 6 … good faith believing the estates had been fully settled. V. Lastly, plaintiff argues the trial court erred in not …
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njcourts.gov
… appeal. Those issues included: the legality of the complaint warrants; "whether attaching conditions to a … the portion of the same order dismissing with prejudice two complaint-warrants and expunging the underlying charges … ERRED IN ITS DECISION DEFENDANT WAS DENIED FUNDAMENTAL FAIRNESS RIGHTS. On reply, defendant raises the following …
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njcourts.gov
… IPC placement, noting that the placement followed the recommendation of SID, "w[ould] foster the safe orderly … Lomando argued he "did not receive a fundamental fairness [p]rotective [c]ustody [h]earing as required by due … Administrator, upon recommendation by the Institutional Classification Committee (ICC), is "satisfied that the …
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njcourts.gov
… plaintiff U.S. Bank Trust National Association filed a "complaint in mortgage foreclosure," naming as defendants … Road, Township of West Orange" (the Mortgage), which was "commercial in nature." It also alleged that "[a]s security … of Intent to Accelerate and Foreclose pursuant to the Fair Foreclosure Act, N.J.S.A. 2A:50- 53 to -68, even …
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njcourts.gov
… with no other conclusion but that the homicide was still committed by defendant. Even if he was 2 Although the … PREJUDICE THAT WAS LIKELY TO HAVE AFFECTED THE TRIAL OUTCOME. POINT III TRIAL COUNSEL WAS INEFFECTIVE IN REFUSING TO … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Ibid. …
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njcourts.gov
… of Corrections (Department or NJDOC), which found Nelson committed prohibited act *.005, threatening another with … On August 30, 2023, Acting Assistant Superintendent Douglas Stark upheld DHO Russell's findings and upheld the … Mayflower Sec. Co. v. Bureau of Sec. in Div. of Consumer Affairs of Dep't of Law & Pub. Safety, 64 N.J. 85, 93 (1973)). …
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njcourts.gov
… experiences to himself and, as such, his illness had not come to the attention of mental health services. At the … we focus on whether the error resulted in the denial of a fair decision on the merits. State v. Macon, 57 N.J. 325, … (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)). Lastly, the "quality of counsel's performance cannot be …
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njcourts.gov
… September 3, 2020. Therefore, his retirement did not become due and payable, or final until October 3, 2020[,] as … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 … 2002)). "[T]he test is not whether an appellate court would come to the same conclusion if the original determination …
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njcourts.gov
… was charged with four counts of second-degree conspiracy to commit kidnapping, four counts of second-degree conspiracy … THE TRIAL COURT UPON SENTENCING FAILED TO APPLY THE OVERALL FAIRNESS OF THE SENTENCE IN VIOLATION OF [DEFENDANT'S] RIGHT … transcripts, defendant's arguments are pure speculation. Lastly, we reject defendant's argument that the judge failed …
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njcourts.gov
… v. OMNI INSURANCE GROUP and PERSONAL SERVICE INSURANCE COMPANY, Defendants-Respondents, and GISELA CARINO, … Omni Insurance Group and Personal Service Insurance Company summary judgment and dismissing plaintiff's … history, giving plaintiff the benefit of a broad, but fair, reading of the record presented. Plaintiff filed a …