njcourts.gov
… near the scene. DNA recovered from the jacket and cap was compared to a DNA sample obtained from defendant. The … and proper charges to a jury are essential to a fair trial," State v. Green, 86 N.J. 281, 287 (1981), and … so as to shock the judicial conscience." [State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… 40:55D-1 to -112. 3 A-0843-16T1 and the remainder is mostly commercial, industrial, or vacant land. The total size of … or commercial uses. The Merck property constitutes the last remaining large, undeveloped parcel in the vicinity. … at 253 (citing Rumson Estates, Inc. v. Mayor & Council of Fair Haven, 177 N.J. 338, 350-51 (2003)). The challenging …
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… judge. On June 30, 2017, the judge issued an order and comprehensive seventeen-page written decision denying … but also that the deficiency prejudiced his right to a fair trial. Strickland v. Washington, 466 U.S. 668, 687 … plea counsel should have known that based on the last page of the memorandum signed by the county prosecutor …
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… positive for heroin. Prior to trial, defendant moved to compel the laboratory reports for the purported drugs … DISCLOSURE OF LAB REPORTS AND DEPRIVED DEFENDANT OF A FAIR OPPORTUNITY TO CHALLENGE THE SEARCH WARRANT. A. The … aggravating factor three. 17 A-2206-18 See State v. Baylass, 114 N.J. 169, 177 (1989) (recognizing aggravating …
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… prohibited waters, thereby preventing their sale. Plaintiff commenced a multi-count federal action under 42 U.S.C. § … lease location). Many years earlier, the Department had classified the Dias Creek location as "Prohibited," meaning … collateral estoppel is asserted must have had a full and fair opportunity to litigate the issue in the prior …
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… the trust litigation each files an accounting that can be fairly approved by the court after notice to the beneficiaries, ordering the disgorgement of commissions and fees the court has previously awarded, if necessary, to secure the trustees' compliance. Our understanding of the history of this case is …
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… plea offer, and that he would be unable to control the outcome of a jury trial. The following colloquy ensued: [The … Yes. The judge then asked the State to reiterate its "last, best offer ." The State previously offered defendant … ONE — DEFENDANT . . . WAS DEPRIVED OF DUE PROCESS AND OF A FAIR TRIAL WHERE DEFENDANT WOULD SHOW THAT THE VICTIM HAD …
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… what sounded like "someone shaking a can [full of] coins coming down the street." Steepy described the person he saw … (2012). Probable cause will be established if there is "a fair probability that contraband or evidence of crime will … the extent of which cannot be ascertained from the record, lasted less than a minute. Upon defense counsel's objection, …
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… RELEVANT EVIDENCE AND WAS THEREFORE DENIED A FULL AND FAIR OPPORTUNITY TO PRESENT A VALID DEFENSE TO THE CHARGE OF … The municipal prosecutor 4 A-1196-20 explained that "communication issues between [his] office and Barnegat … 223 N.J. 409, 450 (2015) (pertaining to warrantless automobile searches); State v. Miles, 229 N.J. 83, 99 (2017) …
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… She offered to meet to "determine if [they could] come to a mutual agreement that works moving forward." She … his living and personal expenses exceeded his monthly income and that he had been out of work that summer because of … "what, in light of all the [circumstances] is equitable and fair." Lepis, 83 N.J. at 158 (quoting Smith, 72 N.J. at …
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… defendant declined his request and charged him $1,256.71, comprised of three months of late fees, a collection fee, … grant of summary judgment by a trial court de novo. Templo Fuente De Vida Corp. v. Nat'l. Union Fire Ins. Co. of … Court stated: In sum, the standard we apply here places in fair and proper balance the respective public- policy …
njcourts.gov
… were called to the scene, Officer Albert Bower issued a complaint against defendant for disorderly conduct, N.J.S.A. … charge filed by Officer Bower against defendant, as well as complaints for 1 We use Militinia Bland's first name in this … certification all facts that foreseeably may affect the fairness of the proceedings." Ibid. In response, Rule …
njcourts.gov
… appealed the Board's judgment by filing a third-party complaint with the Tax Court. The complaint demanded "[t]hat … in denying plaintiff's motion for reconsideration. Lastly, plaintiff argues both the Tax Court and the Board engaged in acts that violated the fundamental fairness doctrine because the Board's valuation of the …
njcourts.gov
… senior Fischers "promised to deed the property . . . upon completion of the dwelling." She claimed she "has 1 … are so manifestly unsupported by or inconsistent with the competent, relevant and reasonably credible evidence as to … valuation. The valuation approach used to determine the fair market value of real property "depends upon the …
njcourts.gov
… considered defendant's contentions and rendered a comprehensive decision with which we substantially agree. … EFFECT OF THE ERRORS COMPLAINED OF RENDERED THE TRIAL UNFAIR. POINT IV DEFENDANT WAS DENIED THE EFFECTIVE ASSISTANCE … book catalogue worth of discovery from the State within the last month including witnesses . . . and statements . . . …
njcourts.gov
… FAILED TO REFLECT THE DEFENSE THEORY THAT [DEFENDANT] ONLY COMMITTED A THIRD-DEGREE THEFT, AND INCORRECTLY SUGGESTED … have been venued elsewhere due to pre-trial publicity. Lastly, defendant asserts criticism of the two attorneys who … the charge to the facts of the case impaired the jury's fair consideration of theft of a lesser amount of benefits, …
njcourts.gov
… avail. When her aunt came downstairs to inquire about the commotion, defendant, who had attempted to engage in sexual … sneakers (at the State's 7 A-0600-17 election); (8) the plastic bag found in the woods; (9) the victim's bra; and … EVIDENCE DENIED APPELLANT'S RIGHT TO DUE PROCESS AND A FAIR TRIAL. POINT VII SUPPRESSION OF THE ALLEGED CONFESSION …
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… Defendant also submitted claims to health insurance companies for services he did not perform. In May 2016, … As part of his plea agreement, the State agreed to recommend that defendant be sentenced to five years in prison … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. A …
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… WASHINGTON HOLDINGS, LLC, a New Jersey Limited Liability Company, Defendants. _______________________ Argued April … these appeals involve three family members with the same last name, we use first names for convenience and mean no … name to the account. In advance of that hearing, to fairly test Harold's and Gershon's assertions, Pan may …
njcourts.gov
… Atlantic County indictment with second-degree conspiracy to commit aggravated assault, N.J.S.A. 2C:5-2(a)(1) and 2C:12- … its rejection and defendants' respective motions to compel admission were denied by the trial court, then the … "only the 'most egregious examples of injustice and unfairness.'" State v. Negran, 178 N.J. 73, 82 (2003) (quoting …