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njcourts.gov
… COURT'S ERRORS AS A MATTER OF LAW, DENIED . . . DEFENDANT A FAIR HEARING AND THE INTERESTS OF JUSTICE ARE NOT SERVED BY … counts of the indictment was denied and his motion to compel production of outstanding discovery "was withdrawn … going into that room when the [police] came in. I was coming out of the bathroom, which is a completely different …
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njcourts.gov
… Bureau, LLC's Rule 4:6-2(e) motion to dismiss plaintiff's complaint alleging violations of the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. §§ … behalf of himself and others similarly situated, filed a class action complaint on March 17, 2023 against defendant. …
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njcourts.gov
… Respondent-Respondent. ______________________________ NICHOLAS OLENICK, Petitioner-Appellant, v. BOARD OF TRUSTEES, … are sufficient doubts about our ability on this record to fairly evaluate the presumption that properly addressed … evidence" and question what proofs are required to overcome the "presumption" that properly addressed mail arrived …
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njcourts.gov
… OF EDUCATION and DR. ANGELICA ALLEN-MCMILLAN, ACTING COMMISSIONER, Respondents-Respondents. Submitted November 7, … the adequacy budget, each district must provide its "local fair share" which is the amount the district is able to … which precisely [met] all of the criteria of the statutory classification." 58 N.J. at 46. The Court explained that …
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njcourts.gov
… "defendant was under 26 years of age at the time of the commission of the offense," N.J.S.A. 2C:44-1(b)(14), enacted … judge issued an order denying defendant's motion and an accompanying statement of reasons finding the legislative … DID NOT EXPLICITLY FIND THAT THE AGGREGATE SENTENCE WAS FAIR, NOR DID IT CONSIDER DEFENDANT'S AGE IN IMPOSING A …
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njcourts.gov
… OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1938-22 NC COMMUNITY CENTER ASSOCIATES, Plaintiff-Respondent, v. … (3) plaintiff breached the covenant of good faith and fair dealing by demanding rent when it knew the COVID-19 … fitness centers from offering fitness-related coaching or classes remotely. Government restrictions on BE, LLC's …
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njcourts.gov
… . . . . In February 2018, plaintiff filed a Law Division complaint seeking damages for defendant's breach of the … either and the parties entered into what they thought was a fair agreement. And . . . it was an arm's length … the court . . . [since defendant] has willfully failed to comply with his obligations . . . ." The trial court awarded …
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njcourts.gov
… N.J.S.A. 2C:18- 2(b)(1); and second-degree conspiracy to commit burglary, N.J.S.A. 2C:5-2. At trial, the jury … "errors were so serious as to deprive the defendant of a fair trial." Strickland v. Washington, 466 U.S. 668, 687 … sufficient prejudice defeats the ineffectiveness claim."). Lastly, defendant argues the PCR court's order should be …
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njcourts.gov
… On appeal from the New Jersey Civil Service Commission, Docket No. 2021-0988. Agre & St. John, attorneys … between the direct participants, if not also to others." Lastly, the ALJ found "James'[s] testimony that he did not … all the circumstances, as to be shocking to one's sense of fairness.'" Id. at 28-29 (quoting In re Polk, 90 N.J. 550, …
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njcourts.gov
… consulting services agreement with The Prudential Insurance Company of America (Prudential) to supply IT consultants. … book account balance and breach of duty of good faith and fair dealing, and seeking damages of $102,119.20, attorneys' … of substantive law. Having settled the choice of law, we lastly address whether the trial court erred by awarding …
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njcourts.gov
… Sumners and Perez Friscia. On appeal from the New Jersey Commissioner of Education, Docket No. 1-1/22A. David B. … Attorney General, argued the cause for respondent the Commissioner of Education (Matthew J. Platkin Attorney … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." In re Herrmann, 192 N.J. 19, …
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njcourts.gov
… (1) "[d]efendant's belief that the victim may have had an affair because she had obtained a telephone credit card … we "held that the argument was without merit and did not comment any further." Nonetheless, the judge concluded the … to defendant under the second prong of Strickland. Lastly, despite the petition for PCR being barred under our …
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njcourts.gov
… actions distracted some of the jury "during the last couple sentences of [Umstead's] testimony." Defense … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, … prong is particularly demanding and requires "[t]he error committed . . . be so serious as to undermine the court's …
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njcourts.gov
… software found by investigators on defendant's tablet computer was installed at the direction of the United States … matter, counsel was appealing to the court's sense of fairness and consistency. In addition, the court concluded … a probability sufficient to undermine confidence in the outcome" of the trial. Ibid. "[A] court 8 A-1090-22 need not …
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njcourts.gov
… Have Held an Evidentiary Hearing. In Addition, Fundamental Fairness Requires That His Claims Not Be Time Barred. 2. The … of his or her constitutional due process right to a fair trial. Id. at 518 (citing Brady, 373 U.S. at 87). In … of the jail records would not have led to a different outcome at trial. 14 A-0831-23 IV. We also reject defendant's …
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njcourts.gov
… on the underwear" but he had no "reference" sample "to compare that minor profile to." [State v. Boynton, No. … finding was not 'definitive' and was not 'reliable.'" (Last alteration added) (quoting Boynton, slip op. at 26). In … the trial. The quality of counsel's performance cannot be fairly assessed by focusing on a handful of issues while …
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njcourts.gov
… change her sentences, contending that the sentences had become illegal under Rule 3:21-10(b)(5) because of sexual … illegal when imposed, and because those sentences did not become illegal based on her treatment in prison, we reverse 3 … the sentence. Instead, defendant relies on the "fundamental fairness doctrine" and our decision in Thomas. 470 N.J. …
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njcourts.gov
… June 1, 2023." Counsel for appellants and plaintiffs communicated shortly thereafter and appellants sought to … or misunderstands or misapplies the law. Est. of Lasiw ex rel. Lasiw v. Pereira, 475 N.J. Super. 378, 392 … does not necessarily lead to any conclusion regarding the fairness or independence of that business's eventual work …
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njcourts.gov
… she didn't want to go with him because her boyfriend had come to pick her up and she was going to go with him." … . . . DEFENDANT OF A JURY INSTRUCTION THAT WOULD HAVE COMPLETELY EXONERATED HIM FROM CRIMINAL LIABILITY, AND … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
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njcourts.gov
… credits, and having been awarded 92.8 work credits and 49 commutation credits at the time of his release.4 3 Although the opinion accompanying the May 13 order mistakenly reflects J.H. … to the extent J.H. argues the doctrine of fundamental fairness 13 A-2982-21 warrants the application of his …