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njcourts.gov
… and failed to object to the prosecutor's improper comments in summation. Because we find that defendant has … defect in performance prejudiced defendant's rights to a fair trial such that there exists a "reasonable probability … well-reasoned oral opinion and add only the following brief comments. If counsel had chosen to present a diminished …
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njcourts.gov
… defect in performance prejudiced defendant's rights to a fair trial such that there exists "a reasonable probability …
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njcourts.gov
… judgment finding "a reasonable trier of fact could not come to the conclusion reasonable care was not taken." The … on issues of law. Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366, 378 (1995). Summary … 422 N.J. Super. 253, 256 (App. Div. 2011); Bates v. Valley Fair Enters., Inc., 86 N.J. Super. 1, 12-13 (App. Div. …
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njcourts.gov
… CASE BECAUSE THE STATE FAILED TO PROVE THAT DEFENDANT COMMITTED A THEFT OR ATTEMPTED THEFT. POINT II: THE TRIAL … OF ROBBERY. (Not Raised Below). POINT III: THE TRIAL JUDGE COMMITTED REVERSIBLE ERROR WHEN HE FAILED TO CHARGE THE JURY … DEPRIVED DEFENDANT OF THE RIGHT TO DUE PROCESS OF LAW AND A FAIR TRIAL BY AN IMPARTIAL JURY. (Not Raised Below). POINT …
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njcourts.gov
… and DeAlmeida. On appeal from the New Jersey Civil Service Commission, Docket No. 2016-3321. DeCotiis, Fitzpatrick, … General, attorney for respondent New Jersey Civil Service Commission (Debra A. Allen, Deputy Attorney General, on the … cases is limited. R. 1:36-3. 2 A-3724-19 an Internal Affairs (IA) complaint alleging, among other things, that on a …
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njcourts.gov
… Department of Corrections (DOC) adjudicating him guilty of committing prohibited act .256, refusing to obey an order … suspension for sixty days, and the loss of sixty days of commutation time and fifteen days of recreation privileges.1 … ignored other evidence favorable to Ross, and did not fairly and impartially assess the credibility of the …
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njcourts.gov
… entered the order under review, and rendered a thorough and comprehensive oral opinion in which he made significant … findings and conclusions of law. The order under review comes to us after we remanded in part for a PCR evidentiary … errors were so serious as to deprive the defendant of a fair trial, a trial 4 A-0146-19 whose result is reliable." …
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njcourts.gov
… 8, 2018 post-remand opinion. We add only a few amplifying comments. The Tax Court appropriately enforced the statute … 526, 530 (2008). Nuckel has not demonstrated that it is unfair to enforce the statute of limitations against him as a … is located." Farmland Dairies, Inc., 30 N.J. Tax at 477. Lastly, the judge reasonably found no equitable factors to …
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njcourts.gov
… INEFFECTIVE ASSISTANCE OF COUNSEL BY FAILING TO PRESENT A COMPLETE DEFENSE. We affirm. In our unpublished opinion … 10, 2015) (slip op. at 5-9). In doing so, we relied on the community caretaker doctrine as well as the plain view … but 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
… DOCKET NO. A-2044-17T3 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE, FOR THE WAMU MORTGAGE PASS-THROUGH … f/k/a SOVEREIGN BANK, SUCCESSOR IN INTEREST TO INDEPENDENCE COMMUNITY BANK, Defendants. ________________________________ … for a mortgage foreclosure action is controlled by the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-56.1. See …
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njcourts.gov
… of foreclosure and dismiss plaintiff Ditech Financial LLC's complaint. We affirm. We briefly recite the relevant facts … defendant. On May 24, 2014, plaintiff filed a foreclosure complaint, to which defendant filed a contesting answer.1 … COMPLIES WITH THE STATUTORY REQUIREMENTS OF THE NEW JERSEY FAIR FORECLOSURE ACT. VI. THE TRIAL COURT ERRED IN …
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njcourts.gov
… payment of accidental disability based on the "going and coming" rule. When Cargill appealed, the matter was … for accidental disability because of the going and coming rule. When the incident occurred, Cargill had not … decision is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., 431 …
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njcourts.gov
… which fees were incurred to enforce existing orders or to compel discovery; and (9) any other factor bearing on the fairness of an award. One purpose of allowing an attorney … negotiations to settle issues and intentional non-compliance with court orders. Borzillo v. Borzillo, 259 N.J. …
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njcourts.gov
… following dismissal of the Division's guardianship complaint as to defendant's two other children, F.D. (Fay) … guardianship trial and prior to the remand hearing. In her comprehensive oral opinion, the judge reviewed the testimony … of the mark[,]" and require our intervention "to ensure the fairness of the proceeding" (alteration in original) …
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njcourts.gov
… We affirm, substantially for the reasons set forth in the comprehensive oral opinion of Judge John C. Porto on January … owner, and provide no benefit other than to the plaintiff. Lastly, the judge noted plaintiff had not pursued a variance … review is limited. Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998). We …
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njcourts.gov
… New Jersey Department of Corrections (DOC) denying his reclassification request from gang minimum custody status to … After a review by the prison's institutional classification committee (ICC), the ICC voted to deny the reclassification. … 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
… lacks standing to foreclose, and that BANA failed to comply with N.J.S.A. 2A:50-5 — the notice provisions of the Fair Foreclosure Act (FFA), N.J.S.A. 2A:50-53 to -73. We … to terminate your ownership interest in the property by commencing a foreclosure suit in a court of competent …
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njcourts.gov
… and instructed Tedesco to exit the bathroom. He eventually complied and the police arrested him. Tedesco later admitted … alcohol issues. He testified that since the incident, he completed substance abuse and alcohol treatment. Tedesco … the existence of good cause for the denial "by a fair preponderance of the evidence." Id. at 46. In …
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njcourts.gov
… offered plaintiff a $50,000 starting salary, plus commissions on products and services sold. On June 30, 2022, … and products codes . . . where [he] never received [a] commission." A few weeks later, plaintiff claimed … and breach of the implied covenant of good faith and fair dealing. He asserted defendants owed him $28,103.62, in …
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njcourts.gov
… the reasonableness of the hourly rate, the court must compute the rate to that of similar services for lawyers of reasonably comparable skill, experience, and reputation. Ibid. The … 5 A-2965-23 itself that the assigned hourly rates are fair, realistic, and accurate, or should make appropriate …