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njcourts.gov
… jury instructions violated his constitutional right to a fair trial. After a review of his contentions in light of … trial. In May 2016, New Jersey State Police Detective Douglas Muraglia filed an affidavit for a search warrant, … rules specifically exclude evidence that a defendant has committed a prior crime when it is offered only to show that …
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njcourts.gov
… entered judgment and instead it should have dismissed the complaint. We agree. We reverse the trial court's judgment … the trial court are summarized as follows. Plaintiff is a company that performs stone, stucco, brick, and siding work … violation of the implied covenant of good faith and fair dealing, fraud and deception, and unjust enrichment; …
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njcourts.gov
… considerable leeway in closing arguments as long as their comments are reasonably related to the scope of the evidence … misconduct is prejudicial and denied defendant a fair trial, [courts] consider whether defense counsel made a … is governed by a highly deferential standard. State v. Fuentes, 217 N.J. 57, 70 (2014). The appellate court must …
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njcourts.gov
… (count six); second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count … seven. However, the judgment of conviction and order for commitment do not reflect the renumbered counts. 3 A-2172-20 … magnitude as to thwart the fundamental guarantee of [a] fair trial.'" Castagna, 187 N.J. at 315 (quoting State v. …
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njcourts.gov
… v. GARRATT D. CARTER, a/k/a GARRETT DOUGLAS CARTER, GARY CARTER, GARRET CARTER, GARRETT CARTER, and … was irrelevant and even if it was relevant, could not overcome the bar set by N.J.R.E. 403. During the trial, a … AT TRIAL THEREBY DENYING THE DEFENDANT A RIGHT TO A FAIR TRIAL. A. The court committed reversible error when it …
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njcourts.gov
… (count six); second-degree possession of a firearm while committing a drug offense, N.J.S.A. 2C:39-4.1(a) (count … seven. However, the judgment of conviction and order for commitment do not reflect the renumbered counts. 3 A-2172-20 … magnitude as to thwart the fundamental guarantee of [a] fair trial.'" Castagna, 187 N.J. at 315 (quoting State v. …
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njcourts.gov
… during which they discussed certain associates who could complete a kilogram sale of cocaine with the CI. The … Objections Throughout the Trial Denied the Defendant a Fair Trial as Guaranteed by the Constitution. POINT III – … A general reference to the issues not being particularly complex is not helpful to a reviewing court when a defendant …
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njcourts.gov
… by sufficient credible evidence of Muhammad having committed numerous violations of the conditions of his … to be discharged from parole. He stated he had been classified as "advanced" since 2015, "stayed gainfully … entitles them to due process protection of their right to a fair decision. N.J. State Parole Bd. v. Byrne, 93 N.J. 192, …
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njcourts.gov
… to defendant PBA Local 105 (PBA) and dismissing his complaint, which alleged that PBA breached its duty to fairly represent him at a disciplinary proceeding that … legal analysis. RSI Bank, 234 N.J. at 472 (citing Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co., 224 N.J. …
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njcourts.gov
… of adjustment and municipal governing bodies will act fairly and with proper motives and for valid reasons [and] … A. Padovano's detailed written opinion. We only add a few comments. First, we discern no procedural infirmity in how … and two- family homes, (3) the variances were needed to accommodate the sloped topography 10 A-3067-18T2 and corner …
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njcourts.gov
… charges and assessments. On July 6, 2015, plaintiff filed a complaint alleging: (1) violations of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 to 1692p; … the agreement and there may be some minor adjustments." Lastly, he disagreed with the court's denial of his original …
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njcourts.gov
… to pay $8120 in restitution to the Victims of Crime Compensation Fund (the Fund) for the monies it spent on … [he] felt was important." Among other things, defendant complained that the attorney did not arrange for an … also that the deficiency prejudiced his or her right to a fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 …
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njcourts.gov
… Outland was convicted of second- degree conspiracy to commit robbery, N.J.S.A. 2C:15-1 and 2C:5-2, and fourth- … record. Defendant was unfamiliar with terms such as accomplice liability, renunciation, or the defense of … no doubt that appropriate jury charges are essential to a fair trial. State v. Baum, 224 N.J. 147, 158-59 (2016). …
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njcourts.gov
… In response, her plea counsel submitted a memorandum of compelling reasons in support of defendant's PTI … 451, 459 (1992)). The PCR process provides a defendant a "last chance to challenge the 'fairness and reliability of a criminal verdict . . . .'" …
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njcourts.gov
… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition Nos. 2007-31369 and 2009-2736. … is in dispute. 1 We use first names because the Ramellas share a last name. No disrespect is intended. 3 … public entity, the Borough is subject to the Local Fiscal Affairs Law, N.J.S.A. 40A:5-1 to -50. Pursuant to that …
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njcourts.gov
… got in his car, and drove to the agreed upon location to complete the sales. The police then obtained a search … with second-degree possession of a firearm during the commission of a narcotics transaction, N.J.S.A. 2C:39- … also that the deficiency prejudiced his or her right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 …
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njcourts.gov
… judgment of conviction claiming the court deprived him of a fair trial by dismissing a juror while the jury was … not to have contact with the victim, to register and comply with Megan's Law1 for life, 1 N.J.S.A. 2C:7-1 to -23. … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (quoting Roth, 95 N.J. at …
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njcourts.gov
… test handed down by the United States Supreme Court in the companion cases of Strickland v. Washington, 466 U.S. 668, … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. [Strickland, … 144 N.J. 240, 249 (1996) (citation omitted). "'Reasonable competence' does not require the best of attorneys, but …
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njcourts.gov
… Michael R. Paglione, on the brief). PER CURIAM In this automobile negligence action, plaintiff Jacqueline Heredia … judgment, and reverse and remand for a new trial. In her complaint, plaintiff alleged she and defendant were involved … experience in your life that illustrates your ability to be fair and open-minded in this case. 3. Who are the two people …
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njcourts.gov
… JUDGE SUBSTANTIALLY PREJUDICED THE DEFENDANT'S RIGHT TO A FAIR AND IMPARTIAL REMAND EVIDENTIARY HEARING THEREBY … the claim lacked merit. We stated that "defendant's complaints about the manner in which the evidentiary hearing … The second PCR judge, Judge Mega, found appellate counsel committed an error in not seeking oral argument when …