need for a clear rule (New Jersey) · Go Syfert
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need for a clear rule in New Jersey

5 New Jersey opinions name it 2 courts 1994–2012 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Ernest Dague, Sr., Ernest Dague, Jr., Betty Dague, and Rose A. Bessette v. City of Burlingtonred
ca2 · 1991 · cited in 1 New Jersey opinions naming this issue, 1995–1995
1 sentence

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

11
Mabel A. King v. James F. Palmer, Director, D.C. Department of Corrections Mabel A. King v. James F. Palmer, Director, D.C. Department of Correctionsgreen
cadc · 1991 · cited in 1 New Jersey opinions naming this issue, 1995–1995
1 sentence

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

11
City of Burlington v. Daguegreen
scotus · 1992 · cited in 1 New Jersey opinions naming this issue, 1995–1995
2 sentences

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

11
Thing v. La Chusagreen
cal · 1989 · cited in 1 New Jersey opinions naming this issue, 1994–1994
2 sentences

1994Id. at 879-80, 771 P. 2d at 828 .

1994Id at 879-80, 771 P.2d at 828 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Rendine v. Pantzer green
nj · 1995
2 sentences

2012We observed that the “extraordinary volume of federal litigation on the question of contingency enhancements ... demonstrates the need for a clear rule, one that can readily and definitively be applied by trial courts, a rule that will end, not perpetuate, litigation of the issue.” Id. at 334 , 661 A.2d 1202 .

2012We observed that the “extraordinary volume of federal litigation on the question of contingency enhancements ... demonstrates the need for a clear rule, one that can readily and definitively be applied by trial courts, a rule that will end, not perpetuate, litigation of the issue.” Id. at 334 , 661 A.2d 1202 .

22011–2012
Thornton v. United States green
scotus · 2004
2 sentences

2004Once an officer determines that there is probable cause to make an arrest, it is reasonable to allow officers to ensure their safety and to preserve evidence by searching the entire passenger compartment. [ Id. at ___, 124 S.Ct. at 2132 , 158 L.Ed. 2d at 914 .] Justices Scalia and Ginsburg, concurring, expressed what could only be charitably described as extreme reservations about the Belton rule.

2004Once an officer determines that there is probable cause to make an arrest, it is reasonable to allow officers to ensure their safety and to preserve evidence by searching the entire passenger compartment. [ Id. at ___, 124 S.Ct. at 2132 , 158 L.Ed. 2d at 914 .] Justices Scalia and Ginsburg, concurring, expressed what could only be charitably described as extreme reservations about the Belton rule.

12004–2004
Nancy FADHL, Plaintiff-Appellee, v. CITY AND COUNTY OF SAN FRANCISCO, Defendant-Appellant green
ca9 · 1988
2 sentences

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

11995–1995
Homeward Bound, Inc. v. Hissom Memorial Center green
ca10 · 1992
1 sentence

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

11995–1995
King v. Ridley green
scotus · 1992
1 sentence

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

11995–1995
Hudson v. Washington green
scotus · 1992
1 sentence

1995We note that in the period between the Supreme Court’s decisions in Delaware Valley II and Dague some courts of appeals adopted Justice O’Connor’s concurring opinion as establishing the governing standard, see, e.g., Fadhl, supra, 859 F. 2d at 650 n. 1, whereas other circuit courts concluded that Delaware Valley II “provides no controlling legal holding.” King v. Palmer, 950 F.2d 771, 784 (D.C.Cir.1991), cert. denied, - U.S. -, 112 S.Ct. 3054 , 120 L.Ed.2d 920 (1992); Homeward Bound, Inc. v. Hissom Memorial Ctr., 963 F.2d 1352 , 1358 (10th Cir.1992); see also Dague, supra, 935 F.2d at 1360 (re

11995–1995

Where else courts name it

NJ 5 (1994–2012) IL 4 (2005–2006) GA 2 (1983–1991) IN 2 (2007–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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