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njcourts.gov
… 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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njcourts.gov
… 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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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 …
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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 …
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njcourts.gov
… 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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njcourts.gov
… BP Lubricants U.S.A., Inc. (BP) and dismissing TJ's complaint with prejudice. For the reasons that follow, we … light most favorable to TJ as the non-moving party. Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of … and breach of the implied covenant of good faith and fair dealing.3 TJ sought compensatory and pecuniary damages, …
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… My Way Deli (Cicchetti) summary judgment and dismissing his complaint. We affirm. I. On November 7, 2022, plaintiff filed a complaint in the Superior Court of New Jersey. He alleged … legal principle . . . that once an issue has been fully and fairly litigated, it ordinarily is not subject to …
njcourts.gov
… GARAGE, Plaintiffs-Appellants, v. MAYOR and TOWNSHIP COMMITTEE OF BRICK, NEW JERSEY, Defendants-Respondents. … to a [junk ]yard" over time. In distinguishing between automobile repair shops and junkyards, she specified repair … evil of apparent partiality—the perception of less than a fair shake.'" 260 N.J. Super. 341, 345 (App. Div. 1992). In …
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… bills, accused her of alcohol and drug abuse, and complained 4 A- 0337-25 she was not participating in … Yuri armed himself with a cooking pan. Yuri then heard glass breaking from the children's bedroom. Darcy removed the … to divert the minds of the jurors from a reasonable and fair evaluation of the issues." Ibid. (alteration in …
njcourts.gov
… (DHO) finding of guilt and imposition of sanctions for committing institutional infraction, *.009,1 possession or … Green and 1 Generally, DOC inmate disciplinary regulations classify "asterisk offenses" as "prohibited acts considered … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record.'" Saccone v. Bd. of Trs., Police …
njcourts.gov
… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY MORRIS … of breach of contract, breach of covenant of good faith and fair dealing, breach of accounts stated, quantum meruit, … 300 trial exhibits in its case. The trial is expected to last for approximately four weeks. Both parties stated in …
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… NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS SUPERIOR COURT OF NEW JERSEY OCEAN … A.J.S.C. The matter before the court is the plaintiff’s Complaint in lieu of prerogative writs. Plaintiff, Maria I. … believes enforcement of the deed restriction is onerous, unfair, and illegal, Mrs. Tirpak applied to the Point Pleasant …
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… where police observed "a strong smell of alcoholic beverage coming from his breath." At the accident scene, officers … trunk. In Patino, the police stopped the defendant's automobile for a routine motor vehicle check, without witnessing … on appeal with a highly deferential standard. State v. Fuentes, 217 N.J. 57, 70 (2014). The appellate court must …
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… * NOT FOR PUBLICATION WITHOUT APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY Mala Sundar … Chapter 91 request, solely in the interest of justice and fairness, and because plaintiffs’ counsel moved promptly … Chapter 91 requests needed to be mailed out on Monday, the last day to respond to the Chapter 91 requests.3 She was …
njcourts.gov
… DeSimone, as executor of his mother's estate, filed a complaint against Springpoint Senior Living, Inc., its five … suit was brought both in an individual capacity and as a class action complaint. The complaint alleged causes of … -195, as well as breach of the covenant of good faith and fair dealing, fraud, and negligent misrepresentation.1 …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS TAX COURT OF NEW JERSEY DOCKET NO. … Prior to the 2019 tax year, the subject property was classified as 15D (Exempt). The Tax Assessor for the Township … to file an appeal with the Tax Court. This court finds that fairness requires that this taxpayer also should receive a …
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… errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. … errors must create a "reasonable probability" that the outcome of the proceedings would have been different if counsel … of the Miranda1 waiver. Rather, he argues that his comment to the interrogating detective, "I'm not going to …
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… matter on July 21, 2019, two weeks after the deadline for compliance with the May 8 order. On August 8, 2019—while … 20, 2020, but he chose to do nothing. It would be grossly unfair to the [p]laintiff for this Court to dismiss the Order … opinion. Rule 2:11-3(e)(1)(E). We add the following brief comments. An application to set aside an order pursuant to …
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… affirm. We take the following facts from the unusual and incomplete record in this matter. On September 6, 2006, Linda … a permanent loan modification. Defendants accepted and completed the Trial Period Plan. Because Everhome's … of the loan.4 (Da139). Linda alleged: violation of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ …
njcourts.gov
… v. HOLLISTER CONSTRUCTION SERVICES, LLC, and ARCH INSURANCE COMPANY, Defendants, and BRACH EICHLER, L.L.C., Defendant-Appellant. ARCH INSURANCE COMPANY, Third-Party Plaintiff, v. BRIGHT STAR SERVICE, … an issue in the case; and (3) there must be a finding, by a fair preponderance of the evidence, that the information …