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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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… a premises after the termination of a lease, his status becomes that of a month-to-month holdover tenant."). … defendants breached the implied covenant of good faith and fair dealing (count two); (c) defendants breached the … [PLAINTIFF]: To show that Mr. Zelley waited until the last minute and then used [–] used the [–] the date as a [–] …
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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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… findings—in light of undisputed evidence that the parties commingled rental income and other funds derived from … husband filed for divorce in July 2018. Hence, the marriage lasted nineteen years. As of the time of trial, the rental … the Family Part should use its discretion to effectuate a fair and just division of marital assets. Steneken v. …
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… NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE TAX COURT COMMITTEE ON OPINIONS October 24, 2025 Mr. and Mrs. Ho Kim … and the court will enter judgment dismissing plaintiff’s complaint. I. Procedural history and factual findings … behalf of both parties and conclude the matter based on a fair preponderance of the evidence.” Ford Motor Co. v. …
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… paying forty percent of those costs. Pursuant to this income allocation, defendant was ordered to pay his share of … support guidelines, provided the terms of the agreement are fair and equitable, O.P. v. L.G.-P., 440 N.J. Super. 146, … evidence, or the result of whim or caprice.'" Foust v. Glaser, 340 N.J. Super. 312, 315-16 (App. Div. 2001) (quoting …
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… that some of the individuals we reference have the same last name. We mean no disrespect in doing so. 3 A-2446-23 … concerning Robert's 2009 will took seven months to complete, involved the testimony of fifty witnesses, caused … and had breached the implied covenant of good faith and fair dealing by refusing to execute the ancillary probate …
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… and Augostini. On appeal from the New Jersey Commissioner of Education, Docket No. 232-9/19. Vito A. … has been "almost entirely minority (98-99 percent) in the last five years." 7 A-3237-22 The projected racial … is to reach an "equitable" determination—one that is fair to both districts—keeping in mind his [or her] …
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… appeals from various trial court orders dismissing his complaint, with prejudice, and awarding defendant Richard … to clarify their claims, . . . preserving their right to a fair legal process." In addition, Abrams contends the … rule, or statute." Ibid. (quoting Rock Work, Inc. v. Pulaski Const. Co., 396 N.J. Super. 344, 350-51 (App. Div. …
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… court's decision. I. In January 2017, plaintiff filed a complaint (Mauer I) naming as defendants, the State; New … at 218). However, "determining how to strike that balance fairly" requires courts "to recognize and to consider that … exist that would undermine the public's confidence in the fair and proper operation of State government." Id. at 4. …
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… corresponding performance was conditioned upon defendant’s completion of its performance obligation. … 4. Excuses for … by a breach of the obligor’s duty of good faith and fair dealing). �See Neptune Research & Development v. … Bertrand v. Jones, 58 N.J. Super. 273 (App. Div. 1959); Plassmeyer v. Brenta, 24 N.J. Super. 322 (App. Div. 1953). …
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… and that plaintiff was bound by it. A-3459-12T1 3 After completion of discovery, the parties cross-moved for summary … motion. I. Plaintiff joined the Club in January 1991 as a Class A member. As a condition of membership, he was required … having to wait to receive his monies may not seem "fair", the Court cannot insert payment terms into the …
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… HSJ PROPERTIES, L.L.C., a Kansas Limited Liability Company, Plaintiff-Appellant, v. SECRET GARDEN LANDSCAPING … walls. "[W]hat should [have been] a straight line and a fairly, kind of, straight structure was bulged in several … owner, consisting of a massive fire in a cogeneration plant fueled by leaking oil, the defendants causing the injury are …
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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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… 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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… from a January 28, 2016 Law Division order dismissing her complaint against defendant Jeffrey J. Sorokin, M.D., based … with a hot or cold snare. An alternative procedure, Argon Plasma Coagulation (APC), utilizes a thin catheter passed … But in a fundamental sense, there could be no way to have a fair trial that would allow the plaintiff to explore this …
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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 …