consequences defense in New Jersey

35 New Jersey opinions name it 2 courts 1903–2024 3 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 (16)

Case	Followed	Cited
State v. Angelerigreen nj · 1968 · cited in 7 New Jersey opinions naming this issue, 1984–2008 2 sentences 2008The Constitution does not protect a defendant from the consequences of a defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position. [ Id. at 434 , 555 A. 2d 575 (quoting State v. Angeleri, 51 N.J. 382, 385 , 241 A. 2d 3 (1968)).] In State v. Sutton, 237 N.J.Super. 221, 225 , 567 A. 2d 272 (App.Div.1989), the State sought to rely on the Court's opinion in Irving . 2008The Constitution does not protect a defendant from the consequences of a defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position. [ Id. at 434 , 555 A. 2d 575 (quoting State v. Angeleri, 51 N.J. 382, 385 , 241 A. 2d 3 (1968)).] In State v. Sutton, 237 N.J.Super. 221, 225 , 567 A. 2d 272 (App.Div.1989), the State sought to rely on the Court's opinion in Irving .	2	7
State in the Interest of N.H.(076316)green nj · 2016 · cited in 2 New Jersey opinions naming this issue, 2019–2021 2 sentences 2021See N.H., 226 N.J. at 253 (referring to the "critical nature of waiver hearings"). 2019See N.H., 226 N.J. at 253 (referring to the "critical nature of waiver hearings").	2	2
Faretta v. Californiagreen scotus · 1975 · cited in 3 New Jersey opinions naming this issue, 2003–2007 2 sentences 2007“The right to defend is given directly to the accused; for it is he [or she] who suffers the consequences if the defense fails.” Id. at 819-20 , 95 S.Ct. at 2533 , 45 L.Ed.2d at 572-73 . 2007“The right to defend is given directly to the accused; for it is he [or she] who suffers the consequences if the defense fails.” Id. at 819-20 , 95 S.Ct. at 2533 , 45 L.Ed.2d at 572-73 .	1	3
State v. Irvinggreen nj · 1989 · cited in 2 New Jersey opinions naming this issue, 2008–2021 2 sentences 2021See, e.g., State v. Irving, 114 N.J. 427, 434 (1989) ("The Constitution does not protect a defendant from the consequences of a defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position."); State v. Noble, 398 N.J. 2008The Constitution does not protect a defendant from the consequences of a defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position. [ Id. at 434 , 555 A. 2d 575 (quoting State v. Angeleri, 51 N.J. 382, 385 , 241 A. 2d 3 (1968)).] In State v. Sutton, 237 N.J.Super. 221, 225 , 567 A. 2d 272 (App.Div.1989), the State sought to rely on the Court's opinion in Irving .	1	2
State v. Baldwingreen nj · 1966 · cited in 2 New Jersey opinions naming this issue, 1984–2008 2 sentences 2008The Court quoted State v. Baldwin, 47 N.J. 379, 388 , 221 A.2d 199 , cert. denied, 385 U.S. 980 , 87 S.Ct. 527 , 17 L.Ed.2d 442 (1966), to explain the justification for the rule: [Id. at 385, 241 A.2d 3 .] In answering the contention that the alibi might tend to incriminate the defendant, the Court explained that “[t]he Constitution does not protect a defendant from the consequences of the defense he [or she] makes, nor assure him [or her] a right so to defend as to deny the State a chance to check the truth of his [or her] position.” Ibid. 2008The Court quoted State v. Baldwin, 47 N.J. 379, 388 , 221 A.2d 199 , cert. denied, 385 U.S. 980 , 87 S.Ct. 527 , 17 L.Ed.2d 442 (1966), to explain the justification for the rule: [Id. at 385, 241 A.2d 3 .] In answering the contention that the alibi might tend to incriminate the defendant, the Court explained that “[t]he Constitution does not protect a defendant from the consequences of the defense he [or she] makes, nor assure him [or her] a right so to defend as to deny the State a chance to check the truth of his [or her] position.” Ibid.	1	2
Willner v. Vertical Reality, Inc.green nj · 2018 · cited in 1 New Jersey opinions naming this issue, 2024–2024 1 sentence 2024“The proper standards of review of jury instructions are well-settled: if the party contesting 15 the instruction fails to object to it at trial, the standard on appeal is one of plain error; if the party objects, the review is for harmless error.” Willner v. Vertical Reality, Inc., 235 N.J. 65, 80 (2018).	1	1
Santosky v. Kramergreen scotus · 1982 · cited in 1 New Jersey opinions naming this issue, 2004–2004 2 sentences 2004See, Santosky, supra, 455 U.S. at 753 , 102 S.Ct. at 1393 , 71 L.Ed. 2d at 607 . 2004See, Santosky, supra, 455 U.S. at 753 , 102 S.Ct. at 1393 , 71 L.Ed. 2d at 607 .	1	1
Edwards v. Arizonagreen scotus · 1981 · cited in 1 New Jersey opinions naming this issue, 2003–2003 2 sentences 2003Id. at 512 , 608 A. 2d 317 . [ State v. Ortisi, 308 N.J.Super. 573, 587-88 , 706 A. 2d 300 (App.Div.), certif. denied, 156 N.J. 383 , 718 A. 2d 1212 (1998).] Waiver of the right to counsel "depends in each case `upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.'" Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880, 1884 , 68 L.Ed. 2d 378, 385 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)). 2003Id. at 512 , 608 A. 2d 317 . [ State v. Ortisi, 308 N.J.Super. 573, 587-88 , 706 A. 2d 300 (App.Div.), certif. denied, 156 N.J. 383 , 718 A. 2d 1212 (1998).] Waiver of the right to counsel "depends in each case `upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.'" Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880, 1884 , 68 L.Ed. 2d 378, 385 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)).	1	1
Johnson v. Zerbstgreen scotus · 1938 · cited in 1 New Jersey opinions naming this issue, 2003–2003 2 sentences 2003Id. at 512 , 608 A. 2d 317 . [ State v. Ortisi, 308 N.J.Super. 573, 587-88 , 706 A. 2d 300 (App.Div.), certif. denied, 156 N.J. 383 , 718 A. 2d 1212 (1998).] Waiver of the right to counsel "depends in each case `upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.'" Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880, 1884 , 68 L.Ed. 2d 378, 385 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)). 2003Id. at 512 , 608 A. 2d 317 . [ State v. Ortisi, 308 N.J.Super. 573, 587-88 , 706 A. 2d 300 (App.Div.), certif. denied, 156 N.J. 383 , 718 A. 2d 1212 (1998).] Waiver of the right to counsel "depends in each case `upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.'" Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880, 1884 , 68 L.Ed. 2d 378, 385 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)).	1	1
Hudson v. United Statesgreen scotus · 1997 · cited in 1 New Jersey opinions naming this issue, 1999–1999 2 sentences 1999See Hudson, supra, 522 U.S. at---, 118 S.Ct. at 493-94 , 139 L. 1999See Hudson, supra, 522 U.S. at---, 118 S.Ct. at 493-94 , 139 L.	1	1
Clemons v. Mississippigreen scotus · 1990 · cited in 1 New Jersey opinions naming this issue, 1994–1994	1	1
Satterwhite v. Texasgreen scotus · 1988 · cited in 1 New Jersey opinions naming this issue, 1994–1994	1	1
State v. Sheppardgreen njsuperctappdiv · 1973 · cited in 1 New Jersey opinions naming this issue, 1989–1989	1	1
State v. Bestgreen nj · 1976 · cited in 1 New Jersey opinions naming this issue, 1988–1988	1	1
State v. Trugliagreen nj · 1984 · cited in 1 New Jersey opinions naming this issue, 1988–1988	1	1
State v. Harrisgreen njsuperctappdiv · 1971 · cited in 1 New Jersey opinions naming this issue, 1984–1984	1	1

Distinguished, questioned or overruled (1)

Case	Negative	Cited
Colonial Gas Energy System v. Unigard Mutual Insurancegreen cand · 1977 · cited in 1 New Jersey opinions naming this issue, 1987–1987	1	1

Also cited on this issue (33)

Case	Cited	Years
State v. Crisafi green nj · 1992 2 sentences 2007Thus, we held that “[i]n the exceptional case, if the record indicates that the defendant actually understood the risks of proceeding pro se, a waiver may suffice.” Id. at 513 , 608 A.2d 317 (citations omitted). 2007Thus, we held that “[i]n the exceptional case, if the record indicates that the defendant actually understood the risks of proceeding pro se, a waiver may suffice.” Id. at 513 , 608 A.2d 317 (citations omitted).	3	1998–2007
Daulby v. California green scotus · 1966 2 sentences 2008The Court quoted State v. Baldwin, 47 N.J. 379, 388 , 221 A.2d 199 , cert. denied, 385 U.S. 980 , 87 S.Ct. 527 , 17 L.Ed.2d 442 (1966), to explain the justification for the rule: [Id. at 385, 241 A.2d 3 .] In answering the contention that the alibi might tend to incriminate the defendant, the Court explained that “[t]he Constitution does not protect a defendant from the consequences of the defense he [or she] makes, nor assure him [or her] a right so to defend as to deny the State a chance to check the truth of his [or her] position.” Ibid. 1984Cf. State v. Baldwin, 47 N.J. 379, 388 (1966), cert. den. 385 U.S. 980 , 87 S.Ct. 527 , 17 L.Ed. 2d 442 (1966); State v. Harris, 117 N.J.	2	1984–2008
State v. Bates green · 1911 2 sentences 2008The Court quoted State v. Baldwin, 47 N.J. 379, 388 , 221 A.2d 199 , cert. denied, 385 U.S. 980 , 87 S.Ct. 527 , 17 L.Ed.2d 442 (1966), to explain the justification for the rule: [Id. at 385, 241 A.2d 3 .] In answering the contention that the alibi might tend to incriminate the defendant, the Court explained that “[t]he Constitution does not protect a defendant from the consequences of the defense he [or she] makes, nor assure him [or her] a right so to defend as to deny the State a chance to check the truth of his [or her] position.” Ibid. 1984Cf. State v. Baldwin, 47 N.J. 379, 388 (1966), cert. den. 385 U.S. 980 , 87 S.Ct. 527 , 17 L.Ed. 2d 442 (1966); State v. Harris, 117 N.J.	2	1984–2008
Rodriquez v. United States green scotus · 1968 2 sentences 1998That requirement does not violate the privilege against self-incrimination: “The Constitution does not protect a defendant from the consequences of the defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position.” State v. Angeleri, 51 N.J. 382, 385 , 241 A.2d 3 , cert. denied, 393 U.S. 951 , 89 S.Ct. 372 , 21 L.Ed.2d 362 (1968). 1984Our Constitution "does not protect a defendant from the consequences of the defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position." State v. Angeleri, 51 N.J. 382, 385 (1968), cert. den. 393 U.S. 951 , 89 S.Ct. 372 , 21 L.Ed. 2d 362 (1968).	2	1984–1998
Coyne v. Watson green scotus · 1968 2 sentences 1998That requirement does not violate the privilege against self-incrimination: “The Constitution does not protect a defendant from the consequences of the defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position.” State v. Angeleri, 51 N.J. 382, 385 , 241 A.2d 3 , cert. denied, 393 U.S. 951 , 89 S.Ct. 372 , 21 L.Ed.2d 362 (1968). 1984Our Constitution "does not protect a defendant from the consequences of the defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position." State v. Angeleri, 51 N.J. 382, 385 (1968), cert. den. 393 U.S. 951 , 89 S.Ct. 372 , 21 L.Ed. 2d 362 (1968).	2	1984–1998
State v. Noble green njsuperctappdiv · 2008 1 sentence 2021See, e.g., State v. Irving, 114 N.J. 427, 434 (1989) ("The Constitution does not protect a defendant from the consequences of a defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position."); State v. Noble, 398 N.J.	1	2021–2021
State v. Carreaga neutral njsuperctappdiv · 1991 1 sentence 2020State v. Carreaga, 249 N.J.	1	2020–2020
State v. Hill green nj · 2009 1 sentence 2020The court made careful findings on the record as required by Hill. 199 N.J. at 561 .	1	2020–2020
Pope v. Kingsley green nj · 1963 2 sentences 2011"A consent judgment has equal adjudicative effect as one entered after trial or other judicial determination." Id. at 226 , 714 A. 2d 282 (citing Pope v. Kingsley, 40 N.J. 168, 173 , 191 A. 2d 33 (1963)). 2011"A consent judgment has equal adjudicative effect as one entered after trial or other judicial determination." Id. at 226 , 714 A. 2d 282 (citing Pope v. Kingsley, 40 N.J. 168, 173 , 191 A. 2d 33 (1963)).	1	2011–2011
Carteret Properties v. Variety Donuts, Inc. green nj · 1967 1 sentence 2011"A consent judgment has equal adjudicative effect as one entered after trial or other judicial determination." Id. at 226 , 714 A. 2d 282 (citing Pope v. Kingsley, 40 N.J. 168, 173 , 191 A. 2d 33 (1963)).	1	2011–2011
Community Realty Management, Inc. v. Harris green nj · 1998 1 sentence 2011"A consent judgment has equal adjudicative effect as one entered after trial or other judicial determination." Id. at 226 , 714 A. 2d 282 (citing Pope v. Kingsley, 40 N.J. 168, 173 , 191 A. 2d 33 (1963)).	1	2011–2011
State v. Sutton neutral njsuperctappdiv · 1989 2 sentences 2008The Constitution does not protect a defendant from the consequences of a defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position. [ Id. at 434 , 555 A. 2d 575 (quoting State v. Angeleri, 51 N.J. 382, 385 , 241 A. 2d 3 (1968)).] In State v. Sutton, 237 N.J.Super. 221, 225 , 567 A. 2d 272 (App.Div.1989), the State sought to rely on the Court's opinion in Irving . 2008The Constitution does not protect a defendant from the consequences of a defense he makes, nor assure him a right so to defend as to deny the State a chance to check the truth of his position. [ Id. at 434 , 555 A. 2d 575 (quoting State v. Angeleri, 51 N.J. 382, 385 , 241 A. 2d 3 (1968)).] In State v. Sutton, 237 N.J.Super. 221, 225 , 567 A. 2d 272 (App.Div.1989), the State sought to rely on the Court's opinion in Irving .	1	2008–2008
State v. Williams green nj · 1979 2 sentences 2008The Court addressed a related discovery issue in State v. Williams, 80 N.J. 472 , 404 A.2d 34 (1979). 2008The Court addressed a related discovery issue in State v. Williams, 80 N.J. 472 , 404 A.2d 34 (1979).	1	2008–2008
In Re WINSHIP green scotus · 1970 2 sentences 2005Where one party has at stake an interest of transcending valueas a criminal defendant his libertythis margin of error is reduced as to him by the process of placing on the other party the burden * * * of persuading the fact-finder at the conclusion of the trial of his guilt beyond a reasonable doubt.' In this context, I view the requirement of proof beyond a reasonable doubt in a criminal case as bottomed on a fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free. [ 397 U.S. at 372 , 90 S.Ct. at 1076-77 , 25 L.Ed. 2d a 2005Where one party has at stake an interest of transcending valueas a criminal defendant his libertythis margin of error is reduced as to him by the process of placing on the other party the burden * * * of persuading the fact-finder at the conclusion of the trial of his guilt beyond a reasonable doubt.' In this context, I view the requirement of proof beyond a reasonable doubt in a criminal case as bottomed on a fundamental value determination of our society that it is far worse to convict an innocent man than to let a guilty man go free. [ 397 U.S. at 372 , 90 S.Ct. at 1076-77 , 25 L.Ed. 2d a	1	2005–2005
State v. Ortisi green njsuperctappdiv · 1998 2 sentences 2003Id. at 512 , 608 A. 2d 317 . [ State v. Ortisi, 308 N.J.Super. 573, 587-88 , 706 A. 2d 300 (App.Div.), certif. denied, 156 N.J. 383 , 718 A. 2d 1212 (1998).] Waiver of the right to counsel "depends in each case `upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.'" Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880, 1884 , 68 L.Ed. 2d 378, 385 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)). 2003Id. at 512 , 608 A. 2d 317 . [ State v. Ortisi, 308 N.J.Super. 573, 587-88 , 706 A. 2d 300 (App.Div.), certif. denied, 156 N.J. 383 , 718 A. 2d 1212 (1998).] Waiver of the right to counsel "depends in each case `upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.'" Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880, 1884 , 68 L.Ed. 2d 378, 385 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461, 1466 (1938)).	1	2003–2003
Housing Authority v. Suydam Investors, LLC green nj · 2003 1 sentence 2003Instead, the Committee indicated that a governmental condemnor could “avoid the consequences of the doctrine by moving to sever and reserve a particular claim, and this would be an appropriate way to handle contamination issues.” Ibid.	1	2003–2003
State v. Horton green njsuperctappdiv · 2000 2 sentences 2001Relying on State v. Horton, 331 N.J.Super. 92 , 751 A. 2d 141 (App.Div.2000), the judge allowed defendant to withdraw his plea. 2001Relying on State v. Horton, 331 N.J.Super. 92 , 751 A. 2d 141 (App.Div.2000), the judge allowed defendant to withdraw his plea.	1	2001–2001
State ex rel. J.M. green njsuperctappdiv · 1988 2 sentences 1997The above reasoning is particularly applicable to this case where “the sanction would be harsh if he is convicted as an adult of the two weapons offenses ... mandatory imprisonment of three years or one-third of his custodial sentence, whichever is greater pursuant to the Graves Act N.J.S.A 2C:43-6c.” State in the Interest of J.M., 222 N.J.Super. 597, 601 , 537 A.2d 771 (App.Div.1988). 1997The above reasoning is particularly applicable to this case where “the sanction would be harsh if he is convicted as an adult of the two weapons offenses ... mandatory imprisonment of three years or one-third of his custodial sentence, whichever is greater pursuant to the Graves Act N.J.S.A 2C:43-6c.” State in the Interest of J.M., 222 N.J.Super. 597, 601 , 537 A.2d 771 (App.Div.1988).	1	1997–1997
State v. Fritz green nj · 1987 2 sentences 1997The attorney’s conduct “so undermined the proper function of the adversarial process that the hearing cannot be relied on as having produced a just result and that counsel’s performance has been so deficient as to create a reasonable probability that these deficiencies materially contributed to defendant’s waiver to adult court.” State v. Ferguson, supra, 255 N.J.Super. at 544 , 605 A.2d 765 , citing State v. Fritz, 105 N.J. 42, 58 , 519 A.2d 336 (1987). 1997The attorney’s conduct “so undermined the proper function of the adversarial process that the hearing cannot be relied on as having produced a just result and that counsel’s performance has been so deficient as to create a reasonable probability that these deficiencies materially contributed to defendant’s waiver to adult court.” State v. Ferguson, supra, 255 N.J.Super. at 544 , 605 A.2d 765 , citing State v. Fritz, 105 N.J. 42, 58 , 519 A.2d 336 (1987).	1	1997–1997
State v. Ferguson green njsuperctappdiv · 1992 2 sentences 1997The attorney’s conduct “so undermined the proper function of the adversarial process that the hearing cannot be relied on as having produced a just result and that counsel’s performance has been so deficient as to create a reasonable probability that these deficiencies materially contributed to defendant’s waiver to adult court.” State v. Ferguson, supra, 255 N.J.Super. at 544 , 605 A.2d 765 , citing State v. Fritz, 105 N.J. 42, 58 , 519 A.2d 336 (1987). 1997The attorney’s conduct “so undermined the proper function of the adversarial process that the hearing cannot be relied on as having produced a just result and that counsel’s performance has been so deficient as to create a reasonable probability that these deficiencies materially contributed to defendant’s waiver to adult court.” State v. Ferguson, supra, 255 N.J.Super. at 544 , 605 A.2d 765 , citing State v. Fritz, 105 N.J. 42, 58 , 519 A.2d 336 (1987).	1	1997–1997
Addington v. Texas green scotus · 1979	1	1993–1993
Williams v. Florida green scotus · 1970	1	1989–1989
State v. Miller green nj · 1987	1	1988–1988
State v. Davis green nj · 1975	1	1988–1988
State v. Mirault green nj · 1983	1	1988–1988
People v. Duchin green ny · 1963	1	1988–1988
National Labor Relations Board v. Fansteel Metallurgical Corp. green scotus · 1939	1	1978–1978
Phelps Dodge Corp. v. National Labor Relations Board green scotus · 1941	1	1978–1978
People Ex Rel. Brady v. . Martin neutral ny · 1895	1	1954–1954
People Ex Rel. Tuck v. . French neutral · 1888	1	1954–1954
Matter of Eberle v. Laguardia green ny · 1941	1	1954–1954
Bloch v. Brown green · 1947	1	1951–1951
Neuchatel Asphalte Co. v. Mayor of New York green ny · 1898	1	1903–1903

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:39-4 (3) NJ § N.J. Stat. § 2C:39-5 (3) NJ § N.J. Stat. § 2C:44-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 193 (1888–2026) TX 129 (1893–2025) CA 98 (1871–2025) IL 90 (1932–2026) TN 67 (1872–2026) OH 67 (1990–2026) CT 58 (1939–2026) FL 44 (1910–2026) PA 41 (1906–2024) NC 38 (1943–2021) MN 37 (1979–2026) NJ 35 (1903–2024) MA 30 (1906–2025) MI 26 (1932–2018) WA 25 (1940–2021) MD 24 (1903–2021) LA 23 (1905–2025) IN 20 (1890–2019) WV 17 (1885–2020) UT 17 (1897–2024) IA 16 (1883–2018) KY 16 (1912–2024) AL 16 (1983–2017) ID 16 (1929–2018) KS 15 (1907–2024) VT 15 (1848–2017) OK 13 (1948–2010) HI 13 (1981–2018) RI 12 (1976–2025) OR 12 (1914–2022) AZ 12 (1969–2024) NM 12 (1938–2023) SC 10 (1964–2023) MO 10 (1907–2011) GA 10 (1914–2020) CO 9 (1985–2012) ME 9 (1917–1995) WI 9 (1901–2024) DC 9 (1982–2015) DE 9 (1948–2025) MS 7 (1940–2022) NV 6 (1910–2017) NE 6 (1902–2017) ND 4 (1897–2015) AR 4 (1886–2017) MT 4 (1895–2024) WY 3 (1992–2002) SD 3 (1986–2004) AK 2 (1977–1984) PR 2 (1963–2004)

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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