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… APPLICATION OF THE TIME BAR WOULD RESULT IN A FUNDAMENTAL UNFAIRNESS. POINT II. THE PCR COURT'S ORDER THAT DENIED … close interactions with a court employee who had the same last name as the alleged victim, Hogate. 3 A-0425-16T3 B. … past and defendant became frantic and refused a request to come outside. After a scuffle, defendant was arrested for …
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… of imprisonment for a second-degree crime was overcome, see N.J.S.A. 2C:44-1(d), due, in large part, to … could see defendant's "shape behind the [frosted shower] glass," which also had a "shower curtain" in front of it. … for our consideration: POINT I [DEFENDANT] WAS DENIED A FAIR TRIAL BECAUSE THE JURY HEARD TESTIMONY THAT HE HAD …
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… Utilizing Rule 4:6-2(e), the trial court dismissed the complaint, with prejudice, relying solely on the entire … & Garbus (F&G). She alleged they violated the Federal Fair Debt Collection Practices Act and invaded her privacy … the state court case; the State court case is a putative class action; the federal case is not.5 CenterPoint filed a …
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… On appeal from the New Jersey Public Employment Relations Commission, P.E.R.C. No. 2017-22. Oxfeld Cohen, PC, … to assume the cost of that coverage for a limited class of retirees, those who 9 A-1041-16T2 have retired on a … old, having at least fifteen years of service. Ibid.; see Fair Lawn Retired Policemen v. Borough of Fair Lawn, 299 …
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… FAILURE TO SO INSTRUCT THE JURY DENIED DEFENDANT A FAIR TRIAL. POINT III THE TRIAL COURT ERRED WHEN IT DENIED … OF ACQUITTAL AND A NEW TRIAL AS THE EVIDENCE THAT DEFENDANT COMMITTED PURPOSEFUL MURDER WAS TENUOUS AND THE INCLUSION OF … February 2016, O'Rourke found either sugar or salt near the fuel line door of her car. She reported the incident to …
njcourts.gov
… Argued October 21, 2020 – Decided Before Judges Fuentes, Whipple and Rose. NOT FOR PUBLICATION WITHOUT THE … May 9, 2017, the Township of Mahwah (the Township) filed a complaint against RMI to enjoin violations of the Township's … actions may be deemed state action when those actions are "fairly attributable to the state." Id. at 937. Since the …
njcourts.gov
… THE TRIAL COURT'S CUMULATIVE ERRORS DENIED [DEFENDANT] A FAIR AND RELIABLE TRIAL. 1 We granted defendant's motion to … Defense Irreparably Crippled [Defendant's] Right to a Complete Defense. (2) Trial Counsel's Closing Remarks … after moving to a less conspicuous location, removed a plastic bag containing bricks of heroin 2 Both codefendants …
njcourts.gov
… the terms of the plea agreement, the State agreed to recommend an aggregate sentence of five years' probation, … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the … "in accordance with a deferential standard," State v. Fuentes, 217 N.J. 57, 70 (2014), and acknowledge "that …
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… in an indictment, to me under [Rule] 403, would be an unfair prejudice to this witness as well . . . . She may … one must have a knowing intentional control of an item accompanied by knowledge of its character. So, a person who … Elijah's parole records once these witnesses had completed their testimony. Regarding Point II, defendant …
njcourts.gov
… point, prior to plaintiff's purchase, the two lots were combined. Plaintiff filed an application with the Board to … 4 was "unique in both its size and its configuration" in comparison with the rest of Canterbury Court, and that the … requested subdivision and variance relief was "neither a fair nor reasonable exercise of discretion, given the …
njcourts.gov
… PRIOR GUN POSSESSION UNDER N.J.R.E. 404(B), AND COMPOUNDED THE ERROR BY FAILING TO PROVIDE AN APPROPRIATE … POINT IV: THE CUMULATIVE ERRORS DEPRIVED CRUZ-SNELLING A FAIR TRIAL. (Not raised below). We glean the following facts … [our] judgment for that of the sentencing court." State v. Fuentes, 217 N.J. 57, 70 (2014). We review to determine 22 …
njcourts.gov
… Additionally, plaintiff was insured under a standard automobile insurance policy that included a $50,000 limit for … but remained a defendant at trial on his daughter's complaint. 3 A-3119-17T4 protection (PIP) benefits. … (approved Dec. 1996) ("The amount of payment is the fair and reasonable value of such medical expenses."). We …
njcourts.gov
… Nkwuo argued the cause for appellant (Lomurro, Munson, Comer, Brown & Schottland, LLC, attorneys; Emeka Nkwuo, of … apply to the case." Case, 220 N.J. at 64 (citing State v. Fuentes, 217 N.J. 57, 72 (2014)). The judge must then … 2C:1-2(b), in their totality, inform the sentence's fairness." Torres, 246 N.J. at 272. The judge "must explain …
njcourts.gov
… Support Guidelines in proportion to the parties' net incomes. Plaintiff Maria D. Newman cross-appeals paragraph … provided it was "appropriate to base child support on the last three years' gross earned income for the parties." … in light of all of the [circumstances] is equitable and fair.'" Lepis, 83 N.J. at 158 (quoting Smith v. Smith, 72 …
njcourts.gov
… elected not to testify at trial, his defense was that he "committed passion/provocation manslaughter, not murder." Id. … defendant's argument that "the State deprived him of a fair trial by failing to disclose correspondence received … among other things, defendant argued his trial attorney committed structural error by disregarding his claims 5 …
njcourts.gov
… and (2) (count one); second- degree conspiracy to commit attempted murder, N.J.S.A. 2C:5-2, N.J.S.A. … Relief Following his incarceration, defendant met with the classification department. He was informed that he would not … DENIED DEFENDANT OF HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL. II. Because the court did not hold an …
njcourts.gov
… garages, an atrium building, and other residential and commercial development. The redevelopment agreement … Center City to first construct a parking garage and, upon completion, required the Authority to construct a second … damages for breach of contract, breach of good faith and fair dealing, and breach of fiduciary duties. Center City …
njcourts.gov
… a salary in violation of their formal "Limited Liability Company Operating Agreement SG Health LLC" agreement … for car insurance payments. Although these sums are minor compared to the total damages that plaintiff1 claimed—and … Plaintiff alleged, for example, that defendant withheld his fair share of profit distributions, did not maintain a …
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njcourts.gov
… elected not to testify at trial, his defense was that he "committed passion/provocation manslaughter, not murder." Id. … defendant's argument that "the State deprived him of a fair trial by failing to disclose correspondence received … among other things, defendant argued his trial attorney committed structural error by disregarding his claims 5 …
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njcourts.gov
… (count one), breach of implied covenant of good faith and fair dealing (count two), common law wrongful termination under Pierce v. Ortho Pharm. … the evidence in the light most favorable" to Campbell. Nicholas v. Mynster, 213 N.J. 463, 478 (2013) (quoting Murray v. …