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… 1 Miranda v. Arizona, 384 U.S. 436 (1966). 3 A-1708-20 commenced at her behest, when she was nearly eighteen years … filed a pro se petition for PCR in March 2019. His accompanying 195-page pro se brief raised eight points, … (2) that the deficiency prejudiced defendant's right to a fair trial); see also State v. Fritz, 105 N.J. 42, 58 (1987) …
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… Department of Corrections (DOC) finding Menter guilty of committing prohibited act *.002 (assault of any person), … hands raised in "an aggressive manner." Menter refused to comply with the officers' orders to get on the ground. Walls … hours prior to the hearing, N.J.A.C. 10A:4-9.2; a fair tribunal, N.J.A.C. 10A:4-9.15; a limited right to call …
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… of child pornography. In exchange, the State agreed to recommend that defendant be sentenced to probation conditioned … opinion, R. 2:11-3(e)(2), except to add the following comments. We start our brief explanation for affirming the … N.J.S.A. 2C:43-6.4(a), the prosecutor's arguments were fair and grounded by evidence in the record – specifically, …
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… retirement benefits (application). On remand, the Board complied with our instructions and addressed our concerns … her job duties, or that the employer did not attempt to accommodate her needs.'" Id. at 4. The ALJ provided his … decision is arbitrary, capricious, or unreasonable or lacks fair support in the record." Caminiti v. Bd. of Trs., Police …
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… children were emancipated, and each party was collecting comparable social security income while residing in separate residences at the time they … interpretation is to read the document as a whole in a fair and common sense manner." Hardy ex. rel. Dowdell v. …
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… plea agreement. Pursuant to the plea agreement, the State recommended a five-year term of probation, conditioned upon … known the extent of his exposure to 3 A-4717-17T4 a tier reclassification under Megan's Law.2 The PCR judge denied … BARRED VIOLATED DUE PROCESS AND THE FUNDAMENTAL FAIRNESS DOCTRINE. 5 A-4717-17T4 POINT III THE PCR COURT …
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… AN INVESTIGATION OF WITNESSES WHO WERE IN THE 2 Defendant complained his trial attorney was not present at sentencing … defect in performance prejudiced defendant's rights to a fair trial such that there exists "a reasonable probability … is alleging he was elsewhere at the time the crime was committed and therefore could not commit it." State v. …
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… THE DEPARTMENT OF LABOR FAILED TO ENFORCE THE UNEMPLOYMENT COMPENSATION LAW STATUTE PROVISION ENCOURAGING EMPLOYERS TO … in October 2016 of a planned 2018 closing of his employer-company before he reached his sixtieth birthday at which he … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Russo v. Bd. of Trs., Police & …
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… (DOC), finding him guilty and imposing sanctions for committing prohibited act *.203, possession or introduction … controlled dangerous substance (CDS) wrapped inside a blue plastic glove among Byrd's belongings underneath his top … was arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated …
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… and was employed by the Union County Educational Services Commission from September 2000 until January 2015. Her … to Fineberg's assignments. While Fineberg had either a classroom or a storage closet at the other schools, she had … is arbitrary, capricious, or unreasonable, or that it lacks fair support in the record." Ibid. (quoting Herrmann, 192 …
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… at police headquarters and seized from his person a plastic sandwich bag containing sixty smaller bags of … as the result of the non-recording of the transmitted communications. 2 State v. Driver, 38 N.J. 255 (1962). 7 … of the informant's identity was not essential to assure a fair determination of the trial issues. The judge cited …
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… that denied reconsideration of her request to amend her complaint to include third-party defendant Hobart Builders, … the motion and to deny reconsideration. Plaintiff filed a complaint on July 28, 2015, against defendant Walgreen … claim against it. Thus, we are satisfied plaintiff had a fair opportunity to develop her claims in a timely 7 …
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… named as "Zip Lube of Broad Street" in plaintiff's complaint. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE … of contract, violation of the covenant of good faith and fair dealing, careless contractual work, violation of the … necessary. Indeed, the judge stated: The mechanics of automobile repair and maintenance are not common knowledge of …
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… plaintiff underwent hip surgery. When his physician recommended he not drive the leased vehicle, plaintiff … that these consequences and the available options are unfair or unconscionable within the meaning of N.J.S.A. … represent a concealment or omission of a material fact. We lastly observe that when granting a Rule 4:6-2(e) dismissal, …
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… errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Id. at 687. A … a probability sufficient to undermine confidence in the outcome." Id. at 694. "[I]f counsel's performance has been so …
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… We affirm. Defendant was convicted by a jury of having committed murder, N.J.S.A. 2C:11-3(a), third-degree unlawful … plead guilty to aggravated manslaughter in exchange for a recommended thirty- year term. According to defendant, his … which were designed to protect [his] rights to a fair process." On August 13, 2020, Judge Christopher S. …
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… by Judge John Young in his thorough written decision accompanying the order, but remand to correct the judgment of … and (2) the defect in performance prejudiced rights to a fair trial such "that there exists a reasonable probability … aggravating and mitigating factors were well supported by competent evidence; defendant, however, asserts mitigating …
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… Plaintiff-Appellant, v. FARMERS MUTUAL FIRE INSURANCE COMPANY OF SALEM COUNTY, Defendant-Respondent. Submitted … Viewed in the light most favorable to plaintiff, Templo Fuente De Vida Corp. v. National Union Fire Insurance Co. of … (count one); breach of implied covenant of good faith and fair 1 Total building loss was calculated by subtracting the …
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… eligible, but legally ineligible as a danger to the community. After the Drug 3 A-0116-19T1 Court's initial … and the pending charges established he was a danger to the community if sentenced to Drug Court. The judge then … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
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… OFFICIAL SEAL BARBARA VlCTOR NOTARY PUBUC • NFH JERSEY My Comm. Expires Dec. 3, 2023 Respondent 2 … /s/ Virginia A. Long 5/12/2020 … Documents Complaint - Munoz, Lilia A. Answer - Munoz, Lilia A. …