njcourts.gov
… that if defendant was determined to be a repetitive and compulsive sex offender after an evaluation at the Adult … term. We note that defendants found to be repetitive and compulsive offenders may be sentenced to probation with a … interest in a sentencing proceeding that is fundamentally fair." Id. at 1617. Bergen County is geographically close to …
njcourts.gov
… [DEFENDANT'S] FUNDAMENTAL RIGHT TO DUE PROCESS AND A FAIR TRIAL [U.S. CONST.] V, VI, XIV AMENDS ART. I [¶] 10 OF … as time barred. III. Defendant argues that the prosecutor committed a Brady violation by allegedly failing to turn … Mr. Hall did not witness the shooting, as he testified. Lastly, defendant does not satisfy the third requirement. …
njcourts.gov
… State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported … "a probability sufficient to undermine confidence in the outcome." Strickland, 466 U.S. at 694. Under the first … the trial. The quality of counsel's performance cannot be fairly assessed by focusing on a handful of issues while …
njcourts.gov
… for the reasons expressed in Judge Robert Kirsch's comprehensive and well-reasoned written opinion. We … State v. Fritz, 105 N.J. 42, 49-53 (1987), or that the outcome would have been different without the purported … the trial. The quality of counsel's performance cannot be fairly assessed by focusing on a handful of issues while …
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… record. On June 29, 2020, B.A.A. filed a domestic violence complaint in Camden County against C.F.A. based upon events … B.A.A. Therefore, on August 17, 2020, C.F.A. filed a DV complaint in Essex County against B.A.A. and obtained a TRO. … G. THE TRIAL JUDGE EXHIBITED IMPATIENCE AND LACK OF FAIRNESS WITH THE PRO-SE HUSBAND. POINT II THE TRIAL JUDGE …
njcourts.gov
… Frankel (collectively, defendants). Plaintiff's amended complaint claimed that prior to Claire's death, defendants … her mother . . . with respect to Claire's financial affairs from 2010 until her death in 2014"; and "Claire . . . … and communicate with her family until "[p]robably the last few months or so . . . towards the very end." It was …
njcourts.gov
… Submitted February 5, 2020 – Decided Before Judges Fuentes, Haas and Enright. On appeal from the Superior Court … judges who entered these orders. We add the following brief comments to provide context for our decision. The State … to a [Graves Act] waiver in order to promote procedural fairness and to ensure meaningful judicial review." State v. …
njcourts.gov
… of first-degree robbery and one count of conspiracy to commit robbery. He was sentenced to an aggregate … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, … errors must create a "reasonable probability" that the outcome of the proceedings would have been different than if …
njcourts.gov
… probation in connection with those offenses at the time he committed the acts for which he was convicted in 2008. 4 … about the prospect of deportation, which allegedly lasted until he was deported in 2011, established excusable … also that the deficiency prejudiced his or her right to a fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 …
njcourts.gov
… VIOLATING DEFENDANT'S RIGHTS TO DUE PROCESS AND A FAIR TRIAL. U.S. CONST. AMENDS. VI, XIV; N.J. CONST. ART. I, … or believing portions of both, or, indeed, believing both completely, the defenses are not mutually exclusive." Ibid. … 15, 28 (2019) (alteration in original) (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)).] 10 A-2477-17T3 The …
njcourts.gov
… arrest. While searching for defendant, some officers communicated that there might be a third suspect. II. On … ON THE DEFENSE OF THIRD PARTY GUILT DENIED DEFENDANT A FAIR TRIAL 6 A-2535-18T3 POINT II – THE SENTENCE OF NINE AND … 15, 28 (2019) (alteration in original) (quoting State v. Fuentes, 217 N.J. 57, 70 (2014)).] At sentencing, the court …
njcourts.gov
… City, Bradley Beach, and Eatontown. R.B.T. pled guilty to committing numerous NOT FOR PUBLICATION WITHOUT THE APPROVAL … of his improper scheme, the towns received more than their fair share of fine revenue from fines. Thus, R.B.T. … agreed to forfeit public office. After R.B.T. successfully completed PTI, the court dismissed the fourth-degree charge. …
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… between the investigator and Steve. When the State compared the audio recording with the redacted written … a defendant intends to use at trial so that it may have a fair opportunity to investigate the veracity of such proof." … some portions of the statement, but "depending upon the outcome of [his] motion, [he] would have reserved the right not …
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… agreement specified that at the time, plaintiff had an income of over $1.1 million1 and a sixty-eight percent … had no income. The marriage was relatively short lived, lasting less than five years. The parties divorced on … and the negotiation of the MSA, and both agreed it was "fair, equitable and satisfactory." The parties also …
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… October 6, 2021 – Decided December 1, 2021 Before Judges Fuentes and Gilson. On appeal from the Superior Court of New … which added a new mitigating factor for crimes committed by persons under the age of twenty-six, should be … THE SAVINGS STATUTE IS INAPPLICABLE, AND FUNDAMENTAL FAIRNESS REQUIRES RETROACTIVITY. A. The Legislature Intended …
njcourts.gov
… (b)(9)(a) (count thirty-one). The State agreed to recommend concurrent sentences of eight years in prison … "interrupt . . . what I'm here for . . . ." He acknowledged committing the offenses, answering: A. Yes, sir; yes, sir; … The court found withdrawal of the plea would result in "unfair prejudice" to the State and unfair advantage to …
njcourts.gov
… part: "[Defendant] to receive 20% of all FCG account components. [Defendant] will be responsible for 20% of any … to the judge's legal determinations. Slawinski v. Nicholas, 448 N.J. Super. 25, 32 (App. Div. 2016). This court has … at 44 (quoting Konzelman, 158 N.J. at 193). Consequently, "fair and definitive arrangements arrived at by mutual …
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… and an unidentified male answered. Detective Fesi wanted to complete the purchase. After asking how much money the … suspicion that the occupants in the Infiniti had come to the McDonald's parking lot to sell heroin." The … whether, given all the circumstances . . . there is a fair probability that contraband or evidence of a crime will …
njcourts.gov › attorneys › administrative directives
… tape recording as permitted in paragraph 12(b) shall be accomplished from existing audio systems present in the court … in such areas. Videotape recording equipment which is not a component part of a television camera shall be located in an … case or would otherwise interfere with the achievement of a fair proceeding. Coverage of domestic disputes in the …
njcourts.gov
… dealing, can, unless specifically rejected in the contract, fairly be regarded as establishing a basis for interpreting … dealing, can, unless specifically rejected in the contract, fairly be regarded as establishing a basis for interpreting …