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… had a knife. Defendant testified that Willis saw defendant coming and grabbed the knife from the countertop and swung … provided that the defendant knew he could do so with complete safety, then the defense of self-defense is not … POINT I DEFENDANT WAS DENIED DUE PROCESS AND A FAIR TRIAL BY A FAULTY SELF-DEFENSE JURY CHARGE -- …
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… Argued March 25, 2020 – Decided Before Judges Fuentes, Mayer and Enright. On appeal from the Superior … to Rule 3:20-1. The judge explained her reasoning in a comprehensive oral decision delivered from the bench, … material defect in the jury charges deprived defendant of a fair trial . This can only be corrected by affirming the …
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… and thorough written opinion. We add only the following comments. We discern the following facts from the record … [of] the house. So I cleaned up that day. I didn't clean up last night. Last night I just took her out of the house, put … errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland, …
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… Jones reported and their connection to the fall. Jones complained to an orthopedic surgeon 3 A-3571-19 within days … an MRI reflected no evidence of a tendon tear, the doctor recommended exploratory surgery, which was performed a week … was arbitrary, capricious, or unreasonable; that it lacked fair support in the evidence; or that it violated …
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… and Ostrer. On appeal from the New Jersey Department of Community Affairs. Roger Elliot Koch argued the cause for appellants … be sufficient to afford standing.'" (quoting Salorio v. Glaser, 82 N.J. 482, 491 (1980))). We conclude appellants …
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… which denied reconsideration of a prior order denying class certification. In this matter, plaintiffs sought … We may transfer your Account and this Agreement to another company or person without your permission and without prior … of the class, and (4) the representative parties will fairly and adequately protect the interests of the class. …
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… a file- sharing program known as ARES, were on defendant's computer from which Camm was able to download five files … set forth in the affidavit before him . . . there [was] a fair probability that contraband or evidence of a crime … have no reason to disturb his decision. 17 A-4167-17T3 IV. Last, we consider defendant's challenge to his conviction …
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… and Firko. On appeal from the New Jersey Civil Service Commission, Docket No. 2017-1342. Joseph Stanley Surman, … General, attorney for respondent New Jersey Civil Service Commission (Pamela N. Ullman, Deputy Attorney General, on … a supplemental interview with the NJDOC Internal Affairs Units, in which he admitted to providing false …
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… September 3, 2017, members of the Frate family smelled gas coming from defendant's apartment. They had also smelled gas … that this adjournment request, which was made at the very last minute, is merely an attempt to postpone the start of … OF OTHER CRIMES EVIDENCE DEPRIVED DEFENDANT OF A FAIR TRIAL. POINT III. THE COURT ERRED IN FAILING TO …
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… in the third photo array. 6 A-3718-17T4 conspiracy to commit robbery, N.J.S.A. 2C:5-2; and second-degree unlawful … in criminal cases are essential to a defendant's right to a fair trial.” State v. Concepcion, 111 N.J. 373, 379 (1988). … so as to shock the judicial conscience. '" State v. Fuentes, 217 N.J. 57, 70 (2014) (alteration in original) …
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… ALLIANCE NETWORKS, INC., CIGNA HEALTH AND LIFE INSURANCE COMPANY, and EDWARD DAVIS, Defendants-Respondents. … vacate a settlement and reinstate her wrongful termination complaint against her employer QualCare Alliance Networks, … discharge; and breach of the covenant of good faith and fair dealing. The complaint designated Glenn Montgomery as …
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… LLC filed a tax appeal disputing a 2017 tax assessment of income-producing property (the Property) located in the City of New Brunswick. New Brunswick moved to dismiss the complaint under Rule 8:7(e) due to the then property owner's … him, reasonably determine to be the full and 9 A-4886-17T2 fair value thereof. No appeal shall be heard from the …
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… The parties acknowledged in the MSA that discovery was incomplete, there was an inherent risk in waiving further … have permitted discovery concerning the lump sum payment. Last, plaintiff argues the Family Part judge abused her … (quoting Smith v. Smith, 72 N.J. 350, 360 (1977)). Thus, "fair and definitive arrangements arrived at by mutual …
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… provide only a summary of the pertinent facts. The juvenile complaints against defendant were waived from the Family … the remaining charges, the error did not deny defendant a fair trial on counts four through eight." Id. at 7. The … to satisfy the Strickland prongs as to appellate counsel. Lastly, defendant argues in Point III he is entitled to …
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… APPELLATE DIVISION DOCKET NO. A-1733-19 COZZOLI MACHINE COMPANY, Plaintiff-Respondent, v. CROWN REAL ESTATE … on the brief). PER CURIAM Plaintiff Cozzoli Machine Company operated an industrial establishment in Plainfield … she applied the doctrine of judicial estoppel and barred a fair presentation of the evidence through Drew's testimony.4 …
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… THREE-YEAR PERIOD OF PAROLE SUPERVISION WAS FUNDAMENTALLY UNFAIR AND VIOLATED DEFENDANT’S RIGHTS TO DUE PROCESS BECAUSE … was separately charged with: 1) second-degree conspiracy to commit robbery, N.J.S.A. 2C:5-2 and 2C:15-1; 2) … charged in Somerset County with second-degree conspiracy to commit robbery and second-degree robbery, arising from an …
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… Jones issued a conforming January 20, 2020 order and a comprehensive and thorough written opinion that addressed … including an odor 10 A-1336-20 of alcoholic beverages, glassy and bloodshot eyes, swaying and loss of balance, and … RIGHTS, THIS COURT SHOULD DISMISS BASED UPON FUNDAMENTAL FAIRNESS. POINT VI THE LAW DIVISION ERRED BY NOT SENTENCING …
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… year. He also served as a board member of a sports drink company in which the parties invested $435,000 and received … expenses during parenting time demonstrated the MOU's unfairness. Defendant argued "[t]here was never a … [the company] would potentially consummate the sale of the last [eighty-five percent] of the company by the end of …
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… Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Respondent. Argued May 2, 2022 – Decided … he sustained serious injuries stemming from an automobile accident on August 1, 2018. The other vehicle was … rely on the default judgment and adjust his or her affairs accordingly, such that unwinding the judgment would …
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… and had no children. On April 10, 2015, plaintiff filed a complaint for divorce. Thereafter, defendant filed an answer … all concerns raised 5 A-2726-20 at the hearing could be fairly addressed. The matter was adjourned and given a new … noted that despite the more than one month since the last hearing, plaintiff had not been in contact with him. …