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… analyzed. Information gleaned from Thompson's phones, in combination with other results of the ongoing investigation, … Prosecutor's Office, who presented him with the Uniform Complaint Arrest Warrant Notification form and the Uniform … II. DEFENDANT WAS DENIED HIS RIGHTS TO DUE PROCESS AND A FAIR TRIAL BY THE TRIAL COURT'S FAILURE TO TAILOR THE DURESS …
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… contentions: POINT I GIVEN THE LACK OF EVIDENCE OF A COMPLETED ROBBERY OR A KIDNAPPING OF A SUBSTANTIAL DISTANCE … POINT III THE TRIAL COURT DENIED [DEFENDANT] THE RIGHT TO A FAIR TRIAL ON THE FELONY MURDER, ROBBERY, AND KIDNAPPING … been handcuffed, a scarf tied around his mouth, his throat slashed twice, with two stab wounds in his back. Burnett ran …
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… to time. The record consists of only the 2008 summons and complaint, the Cliffside Park police reports, and the … increase with the extent of the delay" unless there are "compelling, extenuating circumstances." Murray, 162 N.J. at … plea bargain; and (4) whether withdrawal could result in unfair prejudice to the State or unfair advantage to the …
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… $1,040,000 against" defendant's wife Xiaoping Li, complicated the divorce action. Id. at 3. In connection with … for legal services rendered but withdrew its prior offer to compromise the fee, which would have released $30,000 to … 'the attorney bears the burden of establishing the fairness and reasonableness of'" a fee arrangement. …
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… March 12, 2024 – Decided May 10, 2024 1 Although the outcome of criminal charges brought against defendant Marco … seeking to add claims for deprivation of the doctrine of fairness and rightness (counts eleven through sixteen); … inconsistent, incoherent or contradictory." See Fuentes v. Perskie, 32 F.3d 759, 764 (3d Cir. 1994). Because …
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… reversal and a new trial, defendant claims the trial court committed plain error when it failed to provide the jury … in accordance with a deferential standard." State v. Fuentes, 217 N.J. 57, 70 (2014). We review the legality of a … admission of Thomas's testimony violated his right to a fair trial. In assessing these arguments, we consider our …
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… period for a non-DWI-related offense while awaiting commencement of a court-imposed DWI license suspension. For … under the statute, regardless of the actual date defendant commenced service of the suspension period. 3 All of these … (c). Most important here is the Code's purpose of giving "fair warning of the nature of the conduct proscribed," …
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… order of the Law Division dismissing with prejudice its complaint in lieu of prerogative writs challenging defendant … understory parking spaces. The remaining stories would be comprised of self-storage units. Additional surface parking … review is limited. Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 327 (1998). …
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… for the proposed car wash is located in neighborhood-commercial and single-family-attached zoning districts. Hard … for the Applicant explained that the Mayor wanted to comment on the application as a member of the public. … but, of course, we always believe we give everyone a fair shake. 5 A-5916-17T1 MAYOR GUARDIAN: Yeah. Don't give …
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… the State's testifying expert, and should have retained a competing DNA expert. The same judge who had presided over … BY HIS OWN ADMISSION, WAS UNPREPARED AND FAILED TO MOUNT A COMPLETE DEFENSE DUE TO LACK OF INVESTIGATION. POINT II THIS … A-1523-17T4 "The quality of counsel's performance cannot be fairly assessed by focusing on a handful of issues while …
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… a jury found him guilty of second-degree conspiracy to commit witness tampering, N.J.S.A. 2C:5-2 and N.J.S.A. … COURT'S CUMULATIVE ERRORS DENIED DEFENDANT HIS RIGHT TO A FAIR AND RELIABLE TRIAL. POINT VIII GIVEN THE UNIQUE … R. 2:11-3(e)(2). F. Ineffective Assistance of Counsel Lastly, defendant raises three ineffective assistance of …
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… she purchased for the market. In 2010, Lee was unable to complete the construction. Defendant formerly owned and … Plaintiff testified he was not responsible for any of the company's liabilities and he was entitled to receive … a clear abuse of discretion which has deprived a party of a fair trial." Persley v. N.J. Transit Bus Operations, 357 …
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… 2017 order of the Law Division entered after trial of this commercial lease dispute. Defendants Pavilion Properties, … 30, 2015 order of the Chancery Division setting the lease commencement date. We affirm the May 30, 2017 order in part, … of contract; (3) breach of the covenant of good faith and fair dealing; (4) lost profits; (5) failure to pay …
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… was constitutionally ineffective because she failed to communicate a plea offer. The court granted defendant an … the trial judge warned defendant the following day was his last to accept the State's plea offer. The prosecutor … JUDGE WAS NOT IMPARTIAL AND THUS, HARRIS DID NOT RECEIVE A FAIR PCR HEARING (NOT RAISED BELOW). Defendant, through a …
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… exited the police vehicle. They noticed smoke or fire coming from beneath the disabled vehicle. Fidalgo stated … prejudiced Defendant's fundamental right to have the jury fairly evaluate the merits of his defense. b. The … Of The Second Degree Crime of Eluding, The Trial Court Committed Reversible Error When It Failed To Define 5 …
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… v. ALLSTATE NEW JERSEY PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Respondent, v. ALLSTATE NEW JERSEY … issues of material fact. Plaintiff was insured under an automobile liability insurance policy issued by defendant, which … end that coverage is afforded to the full extent that any fair interpretation will allow." Progressive Cas. Ins. Co. …
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… 2 A-3999-14T1 A jury found defendant B.D.,Jr.1 guilty of committing first- degree aggravated sexual assault, N.J.S.A … sex with him. After a speaker talked to her third-grade class about sexual abuse, she recalled crying in class … in Point I, that the trial judge violated his rights to a fair trial and due process by misapplying the …
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… APPELLATE DIVISION DOCKET NO. A-5141-13T2 DEPARTMENT OF COMMUNITY AFFAIRS, BUREAU OF ROOMING AND BOARDING HOUSE STANDARDS, … to Oxford House also applied to two other facilities, "Last Chance Recovery and Half Measures." 13 A-5141-13T2 …
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… v. JOSE LUIS RAMIREZ ESPINOZA, JOSEPH WEBER, U-HAUL COMPANY OF AMERICA, MANUFACTURERS INSURANCE COMPANY, and … In that case, the Court explained that [t]he use of an automobile denotes its employment for some purpose of the user; … breach of the notice provisions of the policy." Templo Fuente De Vida Corp. v. Nat'l Union Fire Ins. Co. of …
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… London appeals from a March 1, 2017 post- judgment order: compelling the parties to list their condominium unit in a … plaintiff's request to equally divide the net rental income and profits generated by the condominium unit; and … undisputed that the mortgage loan balance far exceeds the fair market value of the condominium. The sale of the …