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… and disoriented." When Officer McGrail "guided [defendant] completely out of his vehicle, several blue wax paper folds … Defendant stated he understood that if did not successfully complete the Drug Court program, he was subject to an … but also that the deficiency prejudiced his right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 …
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… Haas and Mawla. On appeal from the New Jersey Civil Service Commission, Docket No. 2019-1952. Joyce W. Murray and NJ … General, attorney for respondent New Jersey Civil Service Commission (Melissa H. Raksa, Assistant Attorney General, of … 579-80). "An administrative regulation 'must be within the fair contemplation of the delegation of the enabling …
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… PRIETO, Plaintiff-Appellant, v. EH ASSOCIATES, LLC d/b/a FAIRBRIDGE INN & SUITES, Defendant-Respondent. … Plaintiff works full-time as a spray painter for a company. At the time he sustained his claimed injuries, … that morning. Once in the ballroom, the team placed plastic on the ballroom's floor. Plaintiff set up a ladder …
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… EFFECT OF THE AFOREMENTIONED ERRORS DENIED DEFENDANT A FAIR TRIAL. 7 A-2574-17T1 II. A. Defendant argues the trial … State v. Stovall, 170 N.J. 346, 357 (2002) (quoting Ornelas v. United States, 517 U.S. 690, 696 (1996)). An … defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of …
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… TRIAL TO MOVE FORWARD VIOLATING [DEFENDANT'S] RIGHT TO A FAIR TRIAL. POINT II THE LAW DIVISION FAILED TO RECOGNIZE … met in a police station 1 Defendant was issued a citizen's complaint. The complainant was, in fact, arrested after the altercation. …
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… of Labor and Workforce Development, Division of Workers' Compensation, Claim Petition No. 2013-028255. Cipriani & … for appellant (Edward C. Kein, on the briefs). Wysoker, Glassner, Weingartner, Gonzalez & Lockspeiser, PA, attorneys … contends, for the first time, that "doctrines concerning fairness and public policy require" that this action be …
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… in question defendant and his cousin spoke about wanting to commit robberies and they eventually departed in the early … OF CUSTODY)[1] RULE IN VIOLATION OF [DEFENDANT'S] RIGHT TO FAIR TRIAL IN VIOLATION OF THE UNITED STATES CONSTITUTION … TESTI- MONY GIVEN AT BOTH TRIAL[S.] And in Point IV's last subpoint, defendant argues the PCR judge erred and …
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… to allow his claim that the State's plea offer was not communicated to him. In June 2017, a new PCR judge heard … agreement and, if so, whether counsel had failed to communicate that plea of fer to defendant. In November 2017, … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
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… a December 24, 2019 order denying their request that Douglas Brookes be removed as a Councilmember of the 3 A-3484-19 … of a political party: If the incumbent whose office has become vacant was elected to office as the nominee of a … is any other 10 A-3484-19 reason which might preclude a fair and unbiased hearing and judgment, or which might …
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… PCR petition was withdrawn without prejudice pending the outcome of the appeal. In 2017, we affirmed defendant's … court denied the petition following oral argument. In its comprehensive written opinion, the PCR court found that … FAILING TO MOVE FOR A GROSS HEARING WHICH RESULTED IN AN UNFAIR TRIAL THAT VIOLATED THE DEFENDANT'S RIGHTS GUARANTEED …
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… Gooden Brown. On appeal from the New Jersey Civil Service Commission, Docket Nos. 2013-2273 and 2013-2274. Shirley … all the circumstances, as to be shocking to one's sense of fairness."'" Id. at 28-29 (alteration in original) (quoting … sensitive task of meting out an appropriate penalty to classified employees in the public sector, that is not to say …
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… an IPG application was eligible for funding, it would recommend the grant to the New Jersey Economic Development … any application determined to be technically eligible and recommended for funding by [the DEP] and pending before the … have been granted under equitable doctrines of fundamental fairness. As "a family partnership with no assets," it …
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… State prison, and as a result, he obtained a court order to compel the prosecutor's office to provide him with copies of … . . defendant intended to say . . . was the real person who committed this crime, and not me. So . . . it's material. … mark[,]' an appellate court must intervene to ensure the fairness of the proceeding." N.J. Div. of Youth & Family …
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… the following point to us: POINT I BECAUSE TRIAL COUNSEL COMPETENTLY ADVISED DEFENDANT REGARDING EXTENDED TERM … sentencing outcomes with their clients. Defendant's last trial counsel, however, recalled talking to defendant … The judge concluded by stating the following: Fundamental fairness and due process demand a defendant be definitively …
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… I THE TRIAL COURT ERRED IN CHARGING THE JURY CONCERNING ACCOMPLICE LIABILITY WHERE THE CO-DEFENDANTS DID NOT TESTIFY … and proper charges to a jury are essential for a fair trial." State v. Jordan, 147 N.J. 409, 421 (1997) … so as to shock the judicial conscience." State v. Fuentes, 217 N.J. 57, 70 (2014) (citation omitted). 12 …
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… NOS. A-5698-17T2 A-5710-17T2 MFC RESOURCES, INC., MFC COMMODITIES GMBH, MFC COMMODITIES U.S.A., L.P., INC., and … April 22, 2020 – Decided May 21, 2020 Before Judges Fuentes, Mayer and Enright. On appeal from the Superior … be bound by the judgment. Id. at 628-29 (citing Morris Cty. Fair Hous. Council v. Boonton Twp., 197 N.J. Super. 359, …
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… April 12, 2019 Law Division order denying their motion to compel binding arbitration and stay the third-party action … (count XII); (4) breach of the covenant of good faith and fair dealing (count XIII); (5) promissory estoppel (count … contract. Ibid. [Id. at 37-38 (alterations in original) (last citation omitted).] We therefore held that "the …
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… v. EARL A. BURNETT, a/k/a SCOOTER BURNETT, OZ BURNETT, EARLASMAAD BURNETT, and EARL JR., Defendant-Appellant. … an accusation charging him with third-degree conspiracy to commit theft, N.J.S.A. 2C:5-2(a) and 2C:20-3(a) (the … in the racketeering offense would violate fundamental fairness because [he] would be punished twice for the same …
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… listed assets that included a house, social security income, and a 401K account with Merrill Lynch. There were two … application. Counsel for Hammonton Center asked for a fair hearing on R.P.'s Medicaid application. A new … extensions. Medicaid is intended to be a resource of last resort, reserved for those who have a proven financial …
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… Submitted May 5, 2021 – Decided June 4, 2021 Before Judges Fuentes, Whipple, and Firko. On appeal from an interlocutory … to defendant and his counsel. Although the criminal acts committed against the victim caused her great emotional … strong and infused with the same principles of justice and fairness. Our State has codified a series of protections for …