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njcourts.gov
… 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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… them to ownership of twenty-eight percent of the undivided common elements; the remaining four units are equal in size … possess the remaining seventy-two percent of the undivided common elements. In this appeal of an order confirming an … provide an effective, expedient, and fair resolution of disputes, would be severely undermined." …
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njcourts.gov
… 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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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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… registration as sex offenders, applies to a registrant who committed Megan’s Law offenses before the date on which … to those convicted persons merely serves to define the class of people who may be subject to subsection (g)’s … argues that procedural due 8 process and “fundamental fairness” prohibit applying subsection (g) to “registrants …
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njcourts.gov
… to a plea bargain with the State. The State agreed to recommend an eight-year sentence, which is within the range … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the … N.J. 391, 419 (2004) (citing Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995)). The de novo …
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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 …
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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 …
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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 …
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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… 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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njcourts.gov
… accident scene. Belfiore and a passenger in his car complained of injuries and were taken to a local hospital. … Office of Professional Standards (OPS) opened an internal affairs investigation into the incident and assigned the matter to Detective Sergeant First Class William Scull. The internal investigation was stayed …
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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 …