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… ASSISTANCE OF COUNSEL WHEN HIS ATTORNEY FAILED TO PROPERLY COMMUNICATE WITH HIM. C. DEFENDANT RECEIVED INEFFECTIVE … that the deficiency prejudiced his right to a 5 A-0401-21 fair trial. Strickland, 466 U.S. at 687; State v. Fritz, 105 …
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… OF COUNSEL VIOLATED HIS RIGHT TO DUE PROCESS AND A FAIR TRIAL. We find insufficient merit in this argument to … opinion, R. 2:11-3(e)(2), adding only the following brief comments. To obtain relief, defendant was required to show … prison term imposed here would terminate prior to completion of the eleven-year New York prison term. In …
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… the adjudication of a disciplinary charge against him for committing an unprovoked assault on another inmate, *.002, … level of responsibility at the time of the assault, and competency to participate in a hearing. The evaluating … issue on appeal: APPELLANT'S RIGHTS TO DUE PROCESS AND A FAIR DISCIPLINARY HEARING WERE VIOLATED BASED UPON A …
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… March 9, 2023 order dismissing with prejudice her proposed class action complaint, claiming defendant violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ …
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… JERSEY APPELLATE DIVISION DOCKET NO. A-3504-16T1 PEDRO DIBLASI, Appellant, v. BOARD OF REVIEW, DEPARTMENT OF LABOR, and DAVIDSON HOTEL COMPANY, LLC, Respondents. ________________________________ … capricious, which denies him due process and fundamental fairness. We find no merit to these contentions. The scope …
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… and Interest, JPMORGAN CHASE BANK, N.A., FORD MOTOR CREDIT COMPANY, LLC, d/b/a LINCOLN AUTOMOTIVE FINANCIAL, … defenses, including lack of standing, violations of the Fair Foreclosure Act, and unclean hands. Plaintiff's motion … Bank Nat'l Ass'n v. Guillaume, 209 N.J. 449, 480 (2012). Lastly, defendant argues plaintiff violated HOSA by charging …
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… HIS RIGHTS TO PRESENT A DEFENSE, TO DUE PROCESS, AND TO A FAIR TRIAL BY IMPROPERLY PRECLUDING DEFENSE COUNSEL FROM … EARLIER ARRIVED AT THE SCENE AND FOUND NO CRIME WAS BEING COMMITTED. We find insufficient merit in this argument to …
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… forth in the judge's oral decision. We add the following comments. We need not detail the events that led Ciambrone … requirement. We agree with defendant that under State v. Fair, 45 N.J. 77, 87 (1965), a police officer can enter a … testimony that defendant's wife, who he knew from her community 5 A-4268-15T2 involvement, invited him into the …
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… Triffin appeals from the July 26, 2016 order dismissing his complaint after a bench trial. We affirm substantially for the reasons expressed in Judge James DeLuca's comprehensive written opinion issued that same date. Triffin purchased a dishonored payroll check from Fair Lawn Financial Services d/b/a United Check Cashing …
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… DOCKET NO. A-4801-16T3 21ST CENTURY PINNACLE INSURANCE COMPANY, Plaintiff-Respondent, v. A.C. WINGS, LLC, d/b/a … reimbursing PIP benefits paid by a private passenger automobile carrier to its insureds because of the restaurant's … under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act (Dram Shop Act), N.J.S.A. 2A:22A-1 to -7. …
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… April 25, 2018 – Decided May 21, 2018 Before Judges Fuentes and Manahan. On appeal from the New Jersey … its use in other cases is limited. R. 1:36-3. 2 A-2330-15T4 commit the act of attempting or planning an escape, in … was arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated …
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… Division order, which denied their motion to dismiss the complaint and compel arbitration, and from the July 20, 2018, which denied … at 565. "[A]n articulation of reasons is essential to the fair resolution of a case." O'Brien v. O'Brien, 259 N.J. …
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… to form. That order was not appealed. Defendant failed to comply with the October 3, 2014 order and plaintiff again … posting his résumé on line, 4 A-4835-14T2 attending a job fair, and applying for seven positions, did not constitute a … finding that there was no change in circumstances since the last time the Family Part considered defendant's alimony …
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… into evidence deprived the father and law guardian of a fair hearing, and may have unduly affected the judge's …
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… 2:11-3(e)(2), and affirm. We add only the following brief comments. In his PCR petition, defendant claimed his trial … was raised in the PCR court – prejudiced his right to a fair trial. Defendant's argument in Point I(C) – that his … to seek a change of venue – does not warrant further comment. We affirm the denial of defendant's recusal motion …
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… supra, 212 N.J. Super. at 565. The manner in which a judge complies with the Rule is left to the judge's discretion. In … Div. 2009); Pressler & Verniero, Current N.J. Court Rules, comment 1 on R. 1:7-4 (2018), and make "clear the extent of … at 595. "[A]n articulation of reasons is essential to the fair resolution of a case." O'Brien v. O'Brien, 259 N.J. …
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… approximately $70,000. She argues the Director did not fairly consider that her son was the sole source of nearly … the Director's final decision adopted, with some additional comments, an administrative law judge's written … SERVICES(DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICALASSISTANCE AND HEALTH SERVICES) A-2710-15T3 Appellate Oct. …
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… contending plaintiff Bank of America, N.A. violated the Fair Foreclosure Act and the Court Rules by failing to … and mortgagee" in its notice of intent to foreclose and the complaint it filed in this matter. Because defendant does … N.A. Bank of America thereafter filed its foreclosure complaint in February 2014. Guglielmi answered, through …
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… a disciplinary officer's decision finding him guilty of committing prohibited acts *.002, assaulting any person, in … shower. According to Moore, Colon later instructed him to come out of his cell to shower, and when he did, Colon … issues on appeal: POINT I THE [PETITIONER] WAS DENIED A FAIR HEARING FOR WANT OF DUE PROCESS. (Not Raised Below). …
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… September 22, 2015 order denying his motion to dismiss the complaint and an October 28, 2015 final judgment of … to the notice. Thus, on May 8, 2014, Wells Fargo filed a complaint in foreclosure against defendants. Defendants were … and a notice in accordance with Section 6 of the New Jersey Fair Foreclosure Act (Act), N.J.S.A. 2A:50-53 to -68. …