-
njcourts.gov
… twice been convicted of homicide. The two shootings were completely distinct events; they were committed at different times and places and were prosecuted … errors were so serious as to deprive the defendant of a fair trial, 7 A-5594-17T2 a trial whose result is reliable." …
-
njcourts.gov
… defendants' counterclaims. We affirm. I. Plaintiff filed a complaint in the Law Division, alleging that in March 2012, … contract "without cause" and refused to permit plaintiff to complete the project. Plaintiff claimed defendants failed to … 3 A-2418-18T2 breach of the duty of good faith and fair dealing, breach of express and impl ied warranties, …
-
njcourts.gov
… 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. …
-
njcourts.gov
… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS _____________________________________ … that “[a]ll special equities are grounded in principles of fairness, and are implicated when a first-filed action may … Div. 1979), and determinations of mental incapacity, In re Glasser, 2006 WL 510096 (N.J. Ch. 2006) (New Jersey public …
-
njcourts.gov
… 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 …
-
njcourts.gov
… L. Zucker argued the cause for respondent/cross-appellant (Lasser Hochman, LLC, attorneys; Mr. Zucker, of counsel and … we affirm, substantially for the reasons expressed in his comprehensive and cogent opinions delivered from the bench … shopping center, defendant contended the mistake could not fairly be characterized as a scrivener's error. Defendant …
-
njcourts.gov
… The parties agreed to retain their respective automobiles, a 1999 Oldsmobile and a 2003 Volkswagen, without an … of $13,175.00 of the [TSP]" which is a non- qualifying computation. 5 A-1344-16T2 Therefore, Troyan prepared the … the trial judge on the evidence, or whether it is clearly unfair or unjustly distorted by a misconception of law or …
-
njcourts.gov
… March 13, 2019 - Decided September 12, 2019 Before Judges Fuentes, Accurso and Vernoia. On appeal from an … not participate in the ceremony and his presence was not commemorated by being included in any family photos. She … won't be able to make out a prima facie showing" was the "fair and equitable thing to do in this case." The judge …
-
njcourts.gov
… was the only witness in all four cases. Because of the commonality of judge, counsel, and witness, we recognize … by which the factfinder may ascertain the amount that would fairly compensate the owner because of that stigma without … provided and the police report identified the owner as Nicholas J. Gregory. Nothing in the record – other than CarFax …
-
njcourts.gov
… of Deeds and Mortgages (Essex Register) and dismissing the complaint of plaintiff, the New Jersey Land Title … fees collected. In May 2016, the Association filed a complaint in lieu of prerogative writs against the Essex … City, 174 N.J. Super. 231, 238 (App. Div. 1980) (citing Fair Lawn Educ. Ass'n v. Fair Lawn Bd. of Educ., 79 N.J. …
-
njcourts.gov
… v. DEPARTMENT OF LAW & PUBLIC SAFETY, NEW JERSEY RACING COMMISSION, Respondent-Respondent. … the Department of Law & Public Safety, New Jersey Racing Commission. Lewis Stein, appellant, argued the cause pro se. … on the brief). Michael Vukcevich, Director of Legal Affairs, attorney for amicus curiae Darby Development, LLC. …
-
njcourts.gov
… an eight-track player belonging to the victim. Following a competency hearing, the Family Part judge granted the … The process affords an adjudged criminal defendant a "last chance to challenge the fairness and reliability of a criminal verdict[.]" State v. …
-
njcourts.gov
… ensuing incarceration. Counsel then stated: The likely outcome will be that when this case is over . . . at such time … he did not have the assistance of the interpreter when he completed the plea forms. The hearing continued after an … plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the …
-
njcourts.gov
… denying his motion for reconsideration, dismissing his complaint with prejudice for lack of personal jurisdiction … herein. We derive the following facts from plaintiff's complaint. Marsh Ventures is an executive placement firm and … jurisdiction "does not offend the traditional notions of fair play and substantial justice." Defendants "must have …
-
njcourts.gov
… finding a death caused purposely or knowingly during the commission of a robbery can constitute felony murder under … 119 N.J. 2, 15 (1990). Correct charges "are essential for a fair trial. A charge is a road map to guide the jury and … an appellate court may remand for resentencing." State v. Fuentes, 217 N.J. 57, 70 (2014). 18 A-0832-19T3 At the …
-
njcourts.gov
… the car near Green's driveway where they waited for him to come home. After twenty minutes, Green and his friend, Ray … the defendant['s] fundamental right to have the jury fairly evaluate the merits of [his or her] defense, and thus … decision under an abuse of discretion standard. State v. Fuentes, 217 N.J. 57, 70 (2014). Moreover, our review of a …
-
njcourts.gov
… LLC, Plaintiffs-Respondents, v. THE HANOVER INSURANCE COMPANY, Defendant-Appellant. _______________________ … policies are liberally construed to afford coverage that a fair interpretation will allow. Villa v. Short, 195 N.J. 15, … Inspected, and used the same classification for the gas and fuel lines at the unit. However, Monaco noted the vent …
-
njcourts.gov
… APPELLATE DIVISION DOCKET NO. A-5419-17T4 MARLENE CARIDE, COMMISSIONER NEW JERSEY DEPARTMENT OF BANKING AND INSURANCE, … Catarina Young appeals from a June 11, 2018 order of the Commissioner of the New Jersey Department of Banking and … all the circumstances, as to be shocking to one's sense of fairness."'" Ibid. (quoting Pell v. Board of Educ., 34 …
-
njcourts.gov
… 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 …
-
njcourts.gov
… 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 …