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njcourts.gov
… up and "walked away like nothing ever happened." D.C., accompanied by the two men, pursued defendant. D.C. followed … on the charges involving the attack on S.S. awaited the outcome of the trial on the charge involving defendant's attack … INSTANCES OF PROSECUTORIAL MISCONDUCT DENIED DEFENDANT A FAIR TRIAL. 7 A-1067-19 A. The Prosecutor Impermissibly …
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njcourts.gov
… and Natali. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-1604. Arthur J. Murray argued … tell [her] he had been questioned by the [DOC] Internal Affairs Unit as to [their] relationship," and that this … a public employee," N.J.A.C. 4A:2-2.3(a)(6), is an "elastic" phrase encompassing "any conduct which adversely …
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njcourts.gov
… robbery for inflicting injury upon Baker in the course of committing a theft while armed with a deadly weapon, … Office, testified that a Jesus pendant with a broken clasp was found on the floor of the living room, and a red … FOR A NEW TRIAL. POINT II: THE PROSECUTOR WENT BEYOND FAIR COMMENT ON THE EVIDENCE IN SUMMATION. POINT III: THE …
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njcourts.gov
… her 2005 indictment for arson, theft, and conspiracy to commit arson and theft, defendant Carmen Flores pleaded … into the pretrial intervention program (PTI) and recommend a non-custodial probationary sentence if defendant's … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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njcourts.gov
… Submitted October 11, 2017 — Decided Before Judges Fuentes, Koblitz, and Manahan. On appeal from the Superior … we affirm substantially for the reasons set forth in the comprehensive, well-reasoned thirty-three page written … body "has an overriding obligation to deal forthrightly and fairly with property owners." Ibid. A public body "may not …
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njcourts.gov
… from the Somerset County Prosecutor's Office (SCPO), accompanied by officers from the New York City Police … When the officers knocked on the door, defendant refused to come out. Ibid. Defendant was in the apartment with his … SHOULD NOT BE APPLIED RETROACTIVELY. POINT V FUNDAMENTAL FAIRNESS REQUIRES THAT DEFENDANT NGUYEN BE AWARDED ALL JAIL …
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njcourts.gov
… from the Law Division's April 27, 2018 order dismissing its complaint with prejudice for failure to join necessary … of trade secrets and confidential information, and unfair competition. According to its complaint, plaintiff … 2012) (quoting R. 4:5-1(b)(2)). "Dismissal is a sanction of last resort." 700 Highway 33 LLC v. Pollio, 421 N.J. Super. …
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njcourts.gov
… In April 2016, plaintiff F.J.C. filed a divorce complaint seeking dissolution of the marriage based on … Lieutenant George Guzman, the Department's Internal Affairs Commander, advised that the department never drug … his alleged steroid usage, which defendant claimed fueled his anger management issues and aggressive behavior …
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njcourts.gov
… SUPPRESSED. POINT II DEFENDANT WAS DENIED THE RIGHT TO A FAIR TRIAL BECAUSE OPINION EVIDENCE ON THE ULTIMATE ISSUE OF … INVADED THE PROVINCE OF THE JURY. POINT III THE TRIAL COURT COMMITTED PLAIN ERROR BY PERMITTING THE JURY TO HAVE … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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njcourts.gov
… and KIRANDEEP KAUR, Plaintiffs-Appellants, v. GARDEN STATE FUELS, INC., and R.A. REIFF, INC., Defendants, and WOODBURY … had been employed. After filing a claim under the Workers' Compensation Act ("Act"), N.J.S.A. 34:15-1 to -142, against … Compensation Act is to secure for the parties an effective, fair, and inexpensive procedure"). The Act "is remedial …
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njcourts.gov
… of false imprisonment, theft from the person, conspiracy to commit false imprisonment, possession of a weapon for an … cash from Webb's pockets. Lemar grabbed Webb's designer sunglasses and gold chain. The cell phone was recovered from … "The rules of discovery . . . are designed to accomplish fairness." State v. Bellamy, 329 N.J. Super. 371, 376 (App. …
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njcourts.gov
… finding him guilty of shoplifting because he was denied a fair trial when two police officers, who did not observe him … 1 United States v. Wade, 388 U.S. 218 (1967). 4 A-5873-17T3 compared them with his driver's license photo.2 Trover's … one of the two shoplifting suspects. Trover was the State's last witness. He testified to recognizing both men and the …
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njcourts.gov
… a concurrent eight-year term on count two, ordered him to comply with all Megan's Law requirements, and imposed parole … IN SUMMATION VIOLATED DEFENDANT'S RIGHT TO A FAIR TRIAL AND REQUIRES REVERSAL OF HIS CONVICTIONS. (Not … underwear and tights up. M.L. estimated that the assault lasted about twenty minutes, although "[i]t felt longer. It …
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njcourts.gov
… Daval Corporation (defendant)1 $2,900,000 as just compensation for defendant's property located in the … therefore reverse and remand for a new trial. 1 Plaintiff's complaint also named the State of New Jersey as a defendant … The trial was largely a contest of experts focusing on the fair market value (FMV) of the property as of the taking. …
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njcourts.gov
… pending the results of the test, and Cardinale successfully completed drug and alcohol treatment in Florida. In February … legislative framework. "Our task is to give that language a fair and practical A-1997-17T1 16 interpretation with … Cardinale, who irrevocably resigned from work is not of a class "intended to be benefited" by the statute. Geller, 53 …
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njcourts.gov
… the State of New Jersey, Plaintiff-Respondent, v. DEPTFORD COMMONS, LLC, and MALACHITE GROUP, LTD., Defendants-Appellants, and AMAZON.COM SERVICES, INC.,1 Defendant. … of adjustment and municipal governing bodies will act fairly and with proper 4 In light of that representation, we …
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njcourts.gov
… 3 A-0187-18 Michael Dutton. The message, "O.M.W.[,]" is commonly understood to mean "on my way." The detective also … PRINT[] VIOLATED [DEFENDANT'S] RIGHT TO DUE PROCESS AND A FAIR TRIAL. A. DIROCCO'S TESTIMONY IMPLIED THAT HIS … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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njcourts.gov
… October 21, 2020 – Decided February 16, 2021 Before Judges Fuentes, Whipple, and Rose. On appeal from the Superior … in defendant's "lap area." 2 John was charged in a juvenile complaint with acts of delinquency that if committed by an … CUMULATIVE EFFECT OF THESE ERRORS DEPRIVED [DEFENDANT] OF A FAIR TRIAL. (Not raised below) A. The Legal Standard. B. The …
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njcourts.gov
… claimed he acted in self-defense when the victim, a complete stranger armed with "a metallic object," attacked … that he can avoid the necessity of using such force with complete safety by retreating . . . .'" (quoting N.J.S.A. … note taking during video playback deprived [defendant] of a fair trial; 14. Verdict of jury against the weight of [the] …
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njcourts.gov
… and Natali. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-74. Katz & Dougherty, LLC, … Attorney General, attorney for respondent Civil Service Commission (Sookie Bae, Assistant Attorney General, of … all the circumstances, as to be shocking to one's sense of fairness. '" Id. at 28-29 (alteration in original) (quoting …