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njcourts.gov
… count indictment alleging that he conspired with others to commit a burglary and robbery. After his trial, defendant … THE CONTEXT OF THE FACTUAL RECORD, DEPRIVED DEFENDANT OF A FAIR TRIAL. (ISSUE NOT RAISED BELOW.) 3 A-2307-18 POINT II … the gang violence. This non-audio recorded conversation lasted about twenty-seven minutes. 6 Gallucci explained that …
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njcourts.gov
… and eventually terminated. Thereafter, plaintiff filed a complaint against the City of Jersey City (defendant) … Guller, plaintiff was in the midst of several internal affairs investigations. Earlier in March, disciplinary charges … between the hostility displayed towards members of his class and his termination. 17 A-3200-19 The trial court also …
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njcourts.gov
… EFFECT OF THE AFOREMENTIONED ERRORS DENIED DEFENDANT A FAIR TRIAL. (NOT RAISED BELOW). Having considered the … Avenue in Newark, "a mixture of residential homes" and "commercial establishments," Detectives Ozzie Ryals and … whether a "probationary term imposed for [a defendant's] last prior crime [w]as the equivalent of 'confinement'" …
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njcourts.gov
… defendants violated the New Jersey Pregnant Workers Fairness Act ("PWFA"), a statute that has yet to be … to an undue hardship exception, to provide reasonable accommodations in the workplace to pregnant women upon their … create an adverse impact for all members of her protected class." The judge therefore granted summary judgment …
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njcourts.gov
… Law Division, Mercer County, Indictment No. 15-01-0014. Douglas R. Helman, Assistant Deputy Public Defender, argued the … victim in the head during a drug transaction, a murder he committed when he was sixteen years old. After merger, the … TESTIMONY OF ONE INDIVIDUAL– DEPRIVED [DEFENDANT] OF A FAIR TRIAL, REQUIRING REVERSAL. A-2694-18 3 A. A Jury …
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njcourts.gov
… jeans, a black coat, and carrying a bag of tools. Suarez compared this footage with the footage from Newark, which … staff to attend to defendant also occurred. The questioning lasted about an hour and ended at 12:24 p.m. The judge found … PURPORTED IMPECUNIOSITY DENIED HIM DUE PROCESS AND A FAIR TRIAL. POINT IV THE 50-YEAR NERA SENTENCE IS MANIFESTLY …
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njcourts.gov
… a narcotics trafficking network, N.J.S.A. 2C:35-3, which is commonly referred to as the "kingpin" offense. Because they … executed a search warrant at that address, seizing nine glassine envelopes of heroin, a handgun that was found under … OF THESE ERRORS WAS TO DENY DEFENDANT DUE PROCESS AND A FAIR TRIAL. POINT VII: THE SENTENCE IS UNCONSTITUTIONAL. …
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njcourts.gov
… Sims, Jr. appeals from his conviction by jury of having committed attempted murder and violating weapons offenses, … the defendant's fundamental right to have the jury fairly evaluate the merits of his defense.'" State v. … The difference is akin to the Court's treatment of the automobile exception to the warrant requirement described in …
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njcourts.gov
… eldest child and to fix a contribution towards certain upcoming college costs from defendant. Defendant filed … support from the college contribution calculus is unfair and gives plaintiff a lopsided economic advantage. The … of the college expenses but denied the allocation formulas submitted by the parties and fixed its own. 16 A-3570-20 …
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njcourts.gov
… CONVICTIONS. POINT 2: DEFENDANT WAS DEPRIVED OF A FAIR TRIAL BY PERVASIVE MISCONDUCT IN OPENING AND SUMMATION, … WHEREBY THE PROSECUTOR VOUCHED FOR THE CREDIBILITY OF THE COMPLAINING WITNESS, ASKED JURORS NOT TO HOLD INVESTIGATORS' … aversion to defendant or a motive to lie. The trial judge lastly found D.O.'s description of defendant's touching used …
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njcourts.gov
… Argued October 7, 2020 – Decided Before Judges Fuentes, Rose and Firko. On appeal from the Superior Court … CONVICTION MUST BE OVERTURNED BECAUSE THE FRESH COMPLAINT EVIDENCE PRESENTED TO THE JURY WAS IMPROPER AND … VICTIM OR INVADE HER PRIVACY. C. [DEFENDANT] WAS DENIED A FAIR TRIAL AND HIS SIXTH AMENDMENT RIGHT TO TESTIFY IN HIS …
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njcourts.gov
… Joseph and Dana Kearney were both guilty of conspiracy to commit murder and aggravated assault, that all three … it ripped. She heard a crash and the sound of shattering glass. She thought it was the small table in the living room. … FROM FINGERPRINT EXPERTS CURRAN AND NAPP DENIED DEFENDANT A FAIR TRIAL. POINT III: DEFENDANT WAS ENTITLED TO A JUDGMENT …
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njcourts.gov
… Court. In this appeal, the Court considers whether crimes committed by a defendant while under the age of eighteen may … The ACDL also contends that notions of fundamental fairness preclude counting prior juvenile convictions as … proportionate to the offenses covered by these statutes. Lastly and most importantly, the punishment serves the …
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njcourts.gov
… the seller, not the buyer” and that “[t]he title company does not represent either the seller or the buyer.” … risk of not doing so. Third, the Court seeks in each case a fair and practical solution that takes into account the … sales from the attorney review requirement. Id. at 266-73 (Fuentes, P.J.A.D., dissenting). We agree with the Appellate …
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njcourts.gov
… of an opinion may not have been summarized. State v. James Comer (A-42-20) (084509) State v. James C. Zarate (A-43-20) … any rehabilitative efforts since the time a defendant was last sentenced. After evaluating all the evidence, the trial … and make a thorough record of their findings to ensure fairness and facilitate review. The Court explains that a …
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njcourts.gov
… of an opinion may not have been summarized. State v. James Comer (A-42-20) (084509) State v. James C. Zarate (A-43-20) … any rehabilitative efforts since the time a defendant was last sentenced. After evaluating all the evidence, the trial … and make a thorough record of their findings to ensure fairness and facilitate review. The Court explains that a …
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njcourts.gov
… actions when a retainer agreement includes an hourly fee component. Those obligations are discussed in numbered … client. The attorney bears the burden of establishing the fairness and reasonableness of the transaction. (pp. 22-24) … certification for the subspecialty of LAD cases. (p. 39) 9. Last, the Appellate Division found “questionable the …
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njcourts.gov
… N.J.S.A. 40:55D-69; N.J.S.A. 40:55D-23(b). That ethical commandment is at the heart of this appeal, which involves … into a few common-sense principles. A citizen’s right to a fair and impartial tribunal requires a public official to … An alternate Zoning Board member voted in his place on the last hearing date. 13 a patient of Dr. Kenneth, Dr. Daniel, …
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njcourts.gov
… Act (CJRA), N.J.S.A. 2A:162-15 to -26, has three principal components. First, it allows for pretrial detention of … a serious risk of danger, flight, or obstruction that no combination of release conditions would be adequate. Second, … on law enforcement. The administration of justice calls for fair and efficient proceedings. In the case of a detention …
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njcourts.gov
… held positions in different unions representing distinct classes of officers. Their relationship became particularly strained after Burkert read online comments attributed to Halton’s wife that Burkert felt … (pp. 15-21) 2. Criminal laws touching on speech must give fair notice of where the line is set between what is …