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… time before us: I. THE JURY CHARGE DEPRIVED DEFENDANT OF A FAIR TRIAL BECAUSE THE TRIAL COURT FAILED TO PROPERLY … surveilling 422 Beardsley Avenue after receiving numerous complaints regarding individuals frequently entering and … the direct testimony of Officer Grey and Lieutenant Nicholas Polidoro, who was present during the execution of the …
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… the trial court made no findings about whether the State committed Brady violations by failing to provide all of … government." The motion judge found the State did not commit a Brady violation because it was the trial judge who … DEFENDANT'S DURESS DEFENSE, DENIED DEFENDANT HIS RIGHT TO A FAIR TRIAL. IN ADDITION, THE MOTION COURT ERRED IN NOT …
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… we use first names for the individuals sharing a common surname. 5 A-1481-22 individual drove to a location … revealed Bailey's phone number was shown to be in frequent communication with Cosby on the day of Jones's murder. … not take place at the expense of a defendant's right to a fair trial. State v. Sanchez, 143 N.J. 273, 290 (1996). When …
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… "[t]he rape itself was not long," the entire assault lasted over two hours. After defendant stopped, he told P.S. … sorry for raping you and . . . if I promise to never . . . come back 1 To establish ineffective assistance of counsel, … deprived [him] of his rights to due process and a fair trial and require reversal of his convictions." He …
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… we reverse defendant's convictions. Those errors were compounded by the trial court's failure to instruct the jury … jury on the defense of the third-party guilt of Dave. The last argument challenges defendant's sentence on several … PROPER JURY INSTRUCTION DENIED DEFENDANT DUE PROCESS AND A FAIR TRIAL. POINT IV – RESENTENCING IS REQUIRED BECAUSE THE …
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… authorizing condemnation and appointing condemnation commissioners in accordance with the Township of Jackson's … 54 N.J.L. 268, 272 (Sup. Ct. 1892)); see also Borough of Glassboro v. Grossman, 457 N.J. Super. 416, 427-28 (App. Div. … It has "an overriding obligation to deal forthrightly and fairly with property owners." Ibid.; Jersey City …
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… court did not abuse its discretion in ordering defendant to comply with explicit and detailed provisions of the MSA. Nor … [d]in by the [defendant] now, as provided in the next to last sentence of this paragraph). The parties have freely … coerced into signing the MSA and that he believed it to be fair and reasonable under the circumstances. During that …
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… 2C:39-5(c)(1); and third-degree attempted theft of an automobile by unlawful taking, N.J.S.A. 2C:5-1(a)(1) and … 2 "An 'open plea' to an indictment neither 'include[s] a recommendation from the State, nor a prior indication from the … have been 'so egregious that it deprived the defendant of a fair trial.'" State v. Smith, 167 N.J. 158, 181 (2001) …
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… contest] matter, prior to the initiation 2 Because of the common surname, we use first names to avoid confusion and … such, "considering all the[] factors, and focusing . . . on fairness, foreseeability, the relationship between the … de novo under the same standard as the trial court." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… followed. II. In Point I, defendant argues he "was denied a fair trial because the critical element of the animal … 86 N.J. 281, 287 (1981)). "Jury charges must provide a 'comprehensible explanation of the questions that the jury … knowingly, or recklessly; number two, that the defendant committed one or more of the following acts, tormented, …
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… were necessary to pursue his PCR petition sufficient to overcome the statutory presumption of confidentiality. I. We … but also that the deficiency prejudiced his right to a fair trial. Strickland, 466 U.S. at 687; Fritz, 105 N.J. at … deficit hyperactivity disorder, and took special education classes. Thus, Ledbetter had an avenue to obtain the …
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… robbery, N.J.S.A. 2C:15-1; second- degree conspiracy to commit armed robbery of employees of the gas station, … he could argue the victim's death was not "within the fair contemplation" of defendant because he was outside when … No specific showing of prejudice was required in Davis v. Alaska, 415 U.S. 308[, 415] (1974), because the petitioner …
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… for nearly twenty-four years at the time plaintiff filed a complaint for divorce in November 2014. During the marriage, … The parties each acknowledge that this alimony provision is fair and equitable and the reason it is non-modifiable is … sick days were used for recovery from surgeries during the last two years, as well as the entire month of March of this …
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… with five years parole ineligibility. A $500 Violent Crimes Compensation Board (V.C.C.B.) fine was also levied as … THE COURT VIOLATED MR. INGRAM'S RIGHTS TO DUE PROCESS AND A FAIR TRIAL BY ADMITTING "EXPERT" BALLISTICS TESTIMONY THAT … in the shooting. examination) and does not account for class or subclass characteristics. Class characteristics, in …
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… & Associates, LLC and dismissing their legal malpractice complaint with prejudice. For the reasons that follow, we … preventing Walker, Lori Vance, and Michael Vance from competing with Meadowbrook for a period of five years. At … (2) Meadowbrook breached the covenant of good faith and fair dealing by surreptitiously adding terms to the closing …
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… and "coherent." At around 11:00 p.m., when M.W. heard "a commotion," she went outside and saw Taylor arguing with … an in-court identification[,] to be admitted." The last day of trial, Judge Benjamin C. Telsey advised counsel … THE CO-DEFENDANT TO "HANDLE" MS. M.W., DENIED [DEFENDANT] A FAIR TRIAL AND DUE PROCESS. (U.S. CONST. 9 A-1527-15T4 …
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… were broken down as follows: first-degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1(a)(1), … her there and turn her into a coke whore, like you did the last Cathy? I'll tell you what mother f--ker [sic] You want … STATEMENTS WHICH PREJUDICED THE DEFENDANT'S RIGHT TO A FAIR TRIAL, BUT IN CONTRAST TO HIS COMMENTS MADE DURING THE …
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… to dismiss the remaining charges in the indictment, and recommend a maximum eight- 1 We use initials to protect the … 2012, during a group therapy session at a Juvenile Justice Commission ("JCC") facility where T.G. was confined, T.G. … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
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… investigation, failed to argue a key witness for the State committed perjury, and failed to contact witnesses from a … like a brother to me." A.N. testified defendant did not commit the shootings, explaining she only said he did … and also that the deficiency prejudiced his right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 …
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… Argued May 11, 2016 – Decided June 26, 2017 Before Judges Fuentes, Koblitz and Kennedy. On appeal from Superior Court … DEPRIVED THE DEFENDANT OF DUE PROCESS AND HIS RIGHT TO A FAIR TRIAL AND NECESSITATE REVERSAL OF HIS CONVICTIONS. (NOT … left or right shoulder and then [...] grab[bing] [the] accompany[ing] arm [...] – it could be a wrist, it could be a …