irrebuttable presumption in New Jersey

30 New Jersey opinions name it 3 courts 1911–2026 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 (23)

Case	Followed	Cited
State v. Cartygreen nj · 2002 · cited in 2 New Jersey opinions naming this issue, 2010–2022 2 sentences 2022See State v. Carty, 170 N.J. 632, 649 (2002) (citing Miranda, 384 U.S. at 479 ) ("[F]ailure to give [Miranda] warnings creates an irrebuttable presumption of compulsion as to use of unwarned statements in the State's case-in-chief."). 2010See State v. Carty, 170 N.J. 632, 649 , 790 A. 2d 903 (2002) ("failure to give [ Miranda ] warnings creates an irrebuttable presumption of compulsion as to use of unwarned statements in the State's case-in-chief") ( citing Miranda, supra, 384 U.S. at 479, 86 S.Ct. at 1630, 16 L.Ed. 2d at 726). *977 The State does not dispute that any statements provided by defendant during the first interrogationthe time before he was given a complete set of Miranda warningswere inadmissible against defendant.	2	2
Weinberger v. Salfigreen scotus · 1975 · cited in 2 New Jersey opinions naming this issue, 1976–1976 2 sentences 1976The Supreme Court underlined the special status of rights associted with marriage and family life in explaining its prior applications of the irrebuttable presumption doctrine in Weinberger v. Salfi, 422 U. S. 749, 771, 95 S. Ct. 2457, 2469-2470 , 45 L. 1976The Supreme Court underlined the special status of rights associted with marriage and family life in explaining its prior applications of the irrebuttable presumption doctrine in Weinberger v. Salfi, 422 U. S. 749, 771, 95 S. Ct. 2457, 2469-2470 , 45 L.	2	2
Vlandis v. Klinegreen scotus · 1973 · cited in 3 New Jersey opinions naming this issue, 1978–1995 2 sentences 1995See Vlandis v. Kline, 412 U.S. 441, 451 , 93 S.Ct. 2230, 2236 , 37 L.Ed. 2d 63, 71 (1973) (irrebuttable presumption that an applicant for admission to a Connecticut state college who has entered the state within one year of application is not a bona fide resident of the state violates due process); Heiner v. Donnan, 285 U.S. 312, 325 , 52 S.Ct. 358, 360 , 76 L.Ed. 772, 778 (1932) (irrebuttable presumption that an inter vivos gift made within two years prior to the donor's death was made in contemplation of death and is therefore subject to an estate tax violates the due process provision of th 1995See Vlandis v. Kline, 412 U.S. 441, 451 , 93 S.Ct. 2230, 2236 , 37 L.Ed. 2d 63, 71 (1973) (irrebuttable presumption that an applicant for admission to a Connecticut state college who has entered the state within one year of application is not a bona fide resident of the state violates due process); Heiner v. Donnan, 285 U.S. 312, 325 , 52 S.Ct. 358, 360 , 76 L.Ed. 772, 778 (1932) (irrebuttable presumption that an inter vivos gift made within two years prior to the donor's death was made in contemplation of death and is therefore subject to an estate tax violates the due process provision of th	1	3
United States v. Mariongreen scotus · 1971 · cited in 2 New Jersey opinions naming this issue, 2018–2026 2 sentences 2026They "provide predictability by specifying a limit beyond which there is an irrebuttable presumption that a defendant's right to a fair trial would be prejudiced." Twiggs, 233 N.J. at 534 (quoting United States v. Marion, 404 U.S. 307, 322 (1971)). 2026They "provide predictability by specifying a limit beyond which there is an irrebuttable presumption that a defendant's right to a fair trial would be prejudiced." Twiggs, 233 N.J. at 534 (quoting United States v. Marion, 404 U.S. 307, 322 (1971)).	1	2
Miranda v. Arizonagreen scotus · 1966 · cited in 2 New Jersey opinions naming this issue, 2002–2022 2 sentences 2022See State v. Carty, 170 N.J. 632, 649 (2002) (citing Miranda, 384 U.S. at 479 ) ("[F]ailure to give [Miranda] warnings creates an irrebuttable presumption of compulsion as to use of unwarned statements in the State's case-in-chief."). 2002Id. at 479 , 86 S.Ct. at 1630 , 16 L.Ed. 2d at 726 .	1	2
State v. Shortgreen nj · 1993 · cited in 1 New Jersey opinions naming this issue, 2026–2026 2 sentences 2026"Courts are bound to the statute of limitations and 'cannot unilaterally nullify [its] protections.'" Ibid. (alteration in original) (quoting Short, 131 N.J. at 55). 2026"Courts are bound to the statute of limitations and 'cannot unilaterally nullify [its] protections.'" Ibid. (alteration in original) (quoting Short, 131 N.J. at 55 ).	1	1
In Re the Marriage of Hendricksgreen indctapp · 1997 · cited in 1 New Jersey opinions naming this issue, 2021–2021 1 sentence 2021On appeal, Daniel does not directly challenge the status of the $84,000 as a gift, contending instead that Yael's claim to those deposits is barred by the 25 For that reason, we need not decide whether N.J.S.A. 46:38A-24 creates an irrebuttable presumption of a gift to a minor, as the Pennsylvania Supreme Court has held under its state's version of the UTMA, see Sternlicht v. Sternlicht, 876 A.2d 904, 909-12 (Pa. 2005), or whether a depositor can rebut the presumption under the UGMA or UTMA with clear and convincing proof of mistake, fraud, or contrary intent, as a majority of courts have held	1	1
Golden v. Goldengreen fladistctapp · 1983 · cited in 1 New Jersey opinions naming this issue, 2021–2021 1 sentence 2021On appeal, Daniel does not directly challenge the status of the $84,000 as a gift, contending instead that Yael's claim to those deposits is barred by the 25 For that reason, we need not decide whether N.J.S.A. 46:38A-24 creates an irrebuttable presumption of a gift to a minor, as the Pennsylvania Supreme Court has held under its state's version of the UTMA, see Sternlicht v. Sternlicht, 876 A.2d 904, 909-12 (Pa. 2005), or whether a depositor can rebut the presumption under the UGMA or UTMA with clear and convincing proof of mistake, fraud, or contrary intent, as a majority of courts have held	1	1
Gulmen v. Gulmengreen moctapp · 1995 · cited in 1 New Jersey opinions naming this issue, 2021–2021 1 sentence 2021Ct. App. 1983); Gulmen v. Gulmen, 913 S.W.2d 852, 855 (Mo. Ct. App. 1995); Heath by Heath v. Heath, 493 N.E.2d 97, 100-01 (Ill.	1	1
Heath v. Heathgreen illappct · 1986 · cited in 1 New Jersey opinions naming this issue, 2021–2021 1 sentence 2021Ct. App. 1983); Gulmen v. Gulmen, 913 S.W.2d 852, 855 (Mo. Ct. App. 1995); Heath by Heath v. Heath, 493 N.E.2d 97, 100-01 (Ill.	1	1
In Re Marriage of Jacobsgreen calctapp · 1982 · cited in 1 New Jersey opinions naming this issue, 2021–2021 1 sentence 2021On appeal, Daniel does not directly challenge the status of the $84,000 as a gift, contending instead that Yael's claim to those deposits is barred by the 25 For that reason, we need not decide whether N.J.S.A. 46:38A-24 creates an irrebuttable presumption of a gift to a minor, as the Pennsylvania Supreme Court has held under its state's version of the UTMA, see Sternlicht v. Sternlicht, 876 A.2d 904, 909-12 (Pa. 2005), or whether a depositor can rebut the presumption under the UGMA or UTMA with clear and convincing proof of mistake, fraud, or contrary intent, as a majority of courts have held	1	1
Sternlicht v. Sternlichtgreen pa · 2005 · cited in 1 New Jersey opinions naming this issue, 2021–2021 1 sentence 2021On appeal, Daniel does not directly challenge the status of the $84,000 as a gift, contending instead that Yael's claim to those deposits is barred by the 25 For that reason, we need not decide whether N.J.S.A. 46:38A-24 creates an irrebuttable presumption of a gift to a minor, as the Pennsylvania Supreme Court has held under its state's version of the UTMA, see Sternlicht v. Sternlicht, 876 A.2d 904, 909-12 (Pa. 2005), or whether a depositor can rebut the presumption under the UGMA or UTMA with clear and convincing proof of mistake, fraud, or contrary intent, as a majority of courts have held	1	1
State v. Townsendgreen nj · 2006 · cited in 1 New Jersey opinions naming this issue, 2018–2018 2 sentences 2018"These statutes provide predictability by specifying a limit beyond which there is an irrebuttable presumption that a defendant's right to a fair trial would be prejudiced." United States v. Marion , 404 U.S. 307 , 322, 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971) ; accord State v. Townsend , 186 N.J. 473 , 487, 897 A.2d 316 (2006). 2018"These statutes provide predictability by specifying a limit beyond which there is an irrebuttable presumption that a defendant's right to a fair trial would be prejudiced." United States v. Marion , 404 U.S. 307 , 322, 92 S.Ct. 455 , 30 L.Ed.2d 468 (1971) ; accord State v. Townsend , 186 N.J. 473 , 487, 897 A.2d 316 (2006).	1	1
CNA Ins. Companies v. Cavegreen njsuperctappdiv · 2000 · cited in 1 New Jersey opinions naming this issue, 2007–2007 2 sentences 2007See CNA, supra, 332 N.J.Super. at 190 , 753 A. 2d 141 (holding that settling a case in violation of Longworth and Vassas is not a per se bar to UIM coverage and rejecting "an irrebuttable presumption of prejudice"); Breitenbach v. Motor Club of Am. 2007See CNA, supra, 332 N.J.Super. at 190 , 753 A. 2d 141 (holding that settling a case in violation of Longworth and Vassas is not a per se bar to UIM coverage and rejecting "an irrebuttable presumption of prejudice"); Breitenbach v. Motor Club of Am.	1	1
Cox v. Coxgreen njsuperctappdiv · 2000 · cited in 1 New Jersey opinions naming this issue, 2001–2001 2 sentences 2001See, e.g., Cox v. Cox, 335 N.J.Super. 465, 477-78 , 762 A. 2d 1040 (App.Div.2000) (noting that "legislative history and sponsor statements... provid[e] important insight into the Legislature's intent and [a] statute's overall policy and purpose") (internal quotations marks omitted). 2001See, e.g., Cox v. Cox, 335 N.J.Super. 465, 477-78 , 762 A. 2d 1040 (App.Div.2000) (noting that "legislative history and sponsor statements... provid[e] important insight into the Legislature's intent and [a] statute's overall policy and purpose") (internal quotations marks omitted).	1	1
Howard Savings Institution v. Kielbgreen nj · 1962 · cited in 1 New Jersey opinions naming this issue, 1995–1995 2 sentences 1995Interestingly, among the cases relied upon by the dissent to argue that "a statute is unconstitutional if it seeks to accomplish by an irrebuttable presumption what the legislature could not accomplish directly" is Howard Savings Institution v. Kielb, 38 N.J. 186, 199 , 183 A. 2d 401 (1962). 1995Interestingly, among the cases relied upon by the dissent to argue that "a statute is unconstitutional if it seeks to accomplish by an irrebuttable presumption what the legislature could not accomplish directly" is Howard Savings Institution v. Kielb, 38 N.J. 186, 199 , 183 A. 2d 401 (1962).	1	1
Heiner v. Donnangreen scotus · 1932 · cited in 1 New Jersey opinions naming this issue, 1995–1995 2 sentences 1995See Vlandis v. Kline, 412 U.S. 441, 451 , 93 S.Ct. 2230, 2236 , 37 L.Ed. 2d 63, 71 (1973) (irrebuttable presumption that an applicant for admission to a Connecticut state college who has entered the state within one year of application is not a bona fide resident of the state violates due process); Heiner v. Donnan, 285 U.S. 312, 325 , 52 S.Ct. 358, 360 , 76 L.Ed. 772, 778 (1932) (irrebuttable presumption that an inter vivos gift made within two years prior to the donor's death was made in contemplation of death and is therefore subject to an estate tax violates the due process provision of th 1995See Vlandis v. Kline, 412 U.S. 441, 451 , 93 S.Ct. 2230, 2236 , 37 L.Ed. 2d 63, 71 (1973) (irrebuttable presumption that an applicant for admission to a Connecticut state college who has entered the state within one year of application is not a bona fide resident of the state violates due process); Heiner v. Donnan, 285 U.S. 312, 325 , 52 S.Ct. 358, 360 , 76 L.Ed. 772, 778 (1932) (irrebuttable presumption that an inter vivos gift made within two years prior to the donor's death was made in contemplation of death and is therefore subject to an estate tax violates the due process provision of th	1	1
Reardon v. Marlayne, Inc.green nj · 1980 · cited in 1 New Jersey opinions naming this issue, 1988–1988 1 sentence 1988See Reardon v. Marlayne, Inc., supra, 83 N.J. at 473-74 .	1	1
Oregon v. Elstadgreen scotus · 1985 · cited in 1 New Jersey opinions naming this issue, 1986–1986 2 sentences 1986E.g., Oregon v. Elstad, 470 U.S. 298 ,---, 105 S.Ct. 1285, 1290-93 , 84 L.Ed.2d 222, 229-31 (1985), of which more in parts IV and V of this opinion. 1986E.g., Oregon v. Elstad, 470 U.S. 298 ,---, 105 S.Ct. 1285, 1290-93 , 84 L.Ed.2d 222, 229-31 (1985), of which more in parts IV and V of this opinion.	1	1
State v. Millergreen nj · 1975 · cited in 1 New Jersey opinions naming this issue, 1986–1986	1	1
Weinberg v. Todd Shipyardsgreen nj · 1967 · cited in 1 New Jersey opinions naming this issue, 1985–1985	1	1
Weinberg v. SHIPYARDSgreen njsuperctappdiv · 1967 · cited in 1 New Jersey opinions naming this issue, 1985–1985	1	1
Kirk v. Secretary of Health and Human Servicesgreen ca6 · 1981 · cited in 1 New Jersey opinions naming this issue, 1982–1982	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (25)

Case	Cited	Years
Breitenbach v. Motor Club of Am. Ins. Co. green njsuperctappdiv · 1996 2 sentences 2000In Breitenbach we rejected "an irrebuttable presumption of prejudice." 295 N.J.Super. at 332 , 685 A. 2d 36 . [A]ccepting a settlement within the thirty day period ... does not per se constitute prejudice to the UIM carrier. 2000In Breitenbach we rejected "an irrebuttable presumption of prejudice." 295 N.J.Super. at 332 , 685 A. 2d 36 . [A]ccepting a settlement within the thirty day period ... does not per se constitute prejudice to the UIM carrier.	2	2000–2010
Matter of Registrant GB green nj · 1996 2 sentences 2009Although the scale is a useful tool, "[i]t does not graduate to an irrebuttable presumption simply because it is properly and accurately computed." In re G.B., 147 N.J. 62, 80-81 , 685 A. 2d 1252 (1996). 2009Although the scale is a useful tool, "[i]t does not graduate to an irrebuttable presumption simply because it is properly and accurately computed." In re G.B., 147 N.J. 62, 80-81 , 685 A. 2d 1252 (1996).	2	2009–2009
State v. Twiggs green nj · 2018 2 sentences 2026They "provide predictability by specifying a limit beyond which there is an irrebuttable presumption that a defendant's right to a fair trial would be prejudiced." Twiggs, 233 N.J. at 534 (quoting United States v. Marion, 404 U.S. 307, 322 (1971)). 2026They "provide predictability by specifying a limit beyond which there is an irrebuttable presumption that a defendant's right to a fair trial would be prejudiced." Twiggs, 233 N.J. at 534 (quoting United States v. Marion, 404 U.S. 307, 322 (1971)).	1	2026–2026
Sondra Irving v. Employment Appeal Board green iowa · 2016 1 sentence 2020It reviewed a rule that provided "an irrebuttable presumption that the employee is disqualified from receiving unemployment benefits on the ground that the employee voluntarily quit employment." Id. at 205 .	1	2020–2020
Rowe v. Hoffman-La Roche, Inc. green nj · 2007 2 sentences 2018In Rowe , the plaintiff did not want Michigan's law to govern because Michigan had an irrebuttable presumption of adequacy for 524 FDA-approved label warnings. 189 N.J. at 618 , 917 A.2d 767 . 2018In Rowe , the plaintiff did not want Michigan's law to govern because Michigan had an irrebuttable presumption of adequacy for 524 FDA-approved label warnings. 189 N.J. at 618 , 917 A.2d 767 .	1	2018–2018
Rivers v. Allstate Insurance green njsuperctappdiv · 1998 2 sentences 2000By not waiting the thirty day period, the insured takes a risk and must demonstrate either consent or waiver by the carrier or a lack of prejudice to the carrier if the carrier, within that period, gives notice of its election to pay the settlement amount. [ Id. at 334 , 685 A. 2d 36 .] In Rivers , we also said: We do not read the Supreme Court's opinion in Vassas to create a bright-line rule that the insured's failure to protect the insurer's right of subrogation amounts to prejudice per se, sufficient under all circumstances to deny the insured UIM benefits and excuse the insurer from its co 2000By not waiting the thirty day period, the insured takes a risk and must demonstrate either consent or waiver by the carrier or a lack of prejudice to the carrier if the carrier, within that period, gives notice of its election to pay the settlement amount. [ Id. at 334 , 685 A. 2d 36 .] In Rivers , we also said: We do not read the Supreme Court's opinion in Vassas to create a bright-line rule that the insured's failure to protect the insurer's right of subrogation amounts to prejudice per se, sufficient under all circumstances to deny the insured UIM benefits and excuse the insurer from its co	1	2000–2000
In Re Baby Boy H. v. Sheila H. green calctapp · 1998 2 sentences 2000Rather, it is the person's current parenting skills, examined in light of a heightened standard of proof, which determine whether the child will be adjudged dependent." In re Baby Boy H., 63 Cal.App. 4th 470, 477-78 , 73 Cal.Rptr. 2d 793 (1998). 2000Rather, it is the person's current parenting skills, examined in light of a heightened standard of proof, which determine whether the child will be adjudged dependent." In re Baby Boy H., 63 Cal.App. 4th 470, 477-78 , 73 Cal.Rptr. 2d 793 (1998).	1	2000–2000
Patton v. Yount green scotus · 1984 2 sentences 1999Patton v. Yount, 467 U.S. 1025, 1035 , 104 S.Ct. 2885, 2891 , 81 L.Ed.2d 847 (1984). 1999Patton v. Yount, 467 U.S. 1025, 1035 , 104 S.Ct. 2885, 2891 , 81 L.Ed.2d 847 (1984).	1	1999–1999
Schlesinger v. Wisconsin green scotus · 1926 2 sentences 1995See Vlandis v. Kline, 412 U.S. 441, 451 , 93 S.Ct. 2230, 2236 , 37 L.Ed. 2d 63, 71 (1973) (irrebuttable presumption that an applicant for admission to a Connecticut state college who has entered the state within one year of application is not a bona fide resident of the state violates due process); Heiner v. Donnan, 285 U.S. 312, 325 , 52 S.Ct. 358, 360 , 76 L.Ed. 772, 778 (1932) (irrebuttable presumption that an inter vivos gift made within two years prior to the donor's death was made in contemplation of death and is therefore subject to an estate tax violates the due process provision of th 1995See Vlandis v. Kline, 412 U.S. 441, 451 , 93 S.Ct. 2230, 2236 , 37 L.Ed. 2d 63, 71 (1973) (irrebuttable presumption that an applicant for admission to a Connecticut state college who has entered the state within one year of application is not a bona fide resident of the state violates due process); Heiner v. Donnan, 285 U.S. 312, 325 , 52 S.Ct. 358, 360 , 76 L.Ed. 772, 778 (1932) (irrebuttable presumption that an inter vivos gift made within two years prior to the donor's death was made in contemplation of death and is therefore subject to an estate tax violates the due process provision of th	1	1995–1995
State v. Pierson green njsuperctappdiv · 1988 1 sentence 1990Super. 62, 67 , 537 A. 2d 1340 (App.Div. 1988). [4] The defendant also tried to avoid admitting that he recognized the officers as police. [5] Miranda established an irrebuttable presumption that a statement given under police interrogations without having been advised of one's basic rights, is involuntary and therefore inadmissible.	1	1990–1990
Michigan v. Tucker green scotus · 1974 2 sentences 1986Id. at 445-46, 94 S.Ct. at 2364-65 , 41 L.Ed.2d at 193-94 . 1986Id. at 445-46, 94 S.Ct. at 2364-65 , 41 L.Ed.2d at 193-94 .	1	1986–1986
Matthews v. City of AtLantic City green nj · 1980	1	1982–1982
MacDonald v. Board of Commissioners of Pilots neutral nysd · 1981	1	1982–1982
cluster 355916 green ca2 · 1978	1	1982–1982
Johnson v. Abrams green scotus · 1979	1	1982–1982
Council for Employment & Economic Energy Use v. WHDH Corp. green scotus · 1979	1	1982–1982
United States Parole Commission v. Geraghty green scotus · 1979	1	1982–1982
State v. Bellucci green nj · 1980	1	1981–1981
Brooks v. State green mdctspecapp · 1975	1	1978–1978
Cleveland Board of Education v. LaFleur green scotus · 1974	1	1976–1976
Crist v. NJ Div. Youth & Family Services green njsuperctappdiv · 1975	1	1976–1976
First Nat. Bank of Belleville v. Merrick green njch · 1928	1	1931–1931
Horton v. Bamford green njch · 1911	1	1929–1929
Boyd v. Dunlap green nychanct · 1815	1	1911–1911
Baron v. Abeel green nysupct · 1808	1	1911–1911

Where else courts name it

PA 152 (1900–2026) TX 115 (1968–2026) NC 76 (1907–2023) OH 75 (1974–2026) NY 59 (1924–2024) IL 42 (1894–2024) FL 36 (1947–2024) NJ 30 (1911–2026) CA 25 (1937–2025) TN 23 (1997–2018) MS 23 (1992–2020) MI 22 (1936–2026) LA 21 (1977–2024) IA 19 (1977–2023) AZ 18 (1906–2024) WA 17 (1932–2017) MD 17 (1946–2012) CT 16 (1981–2025) CO 16 (1887–2021) NM 15 (1974–2025) MN 14 (1903–2013) WI 14 (1978–2022) NE 13 (1977–2013) IN 12 (1980–2017) WY 11 (1977–2024) AL 10 (1990–2007) HI 10 (1972–2023) MO 9 (1978–2020) GA 9 (1981–2019) DE 9 (1959–2023) OK 8 (1935–2016) OR 8 (1914–2025) SC 7 (1963–2012) VA 6 (1983–2013) VT 5 (1978–2024) KS 5 (1995–2026) NH 5 (1986–2017) AK 5 (1979–1998) MA 5 (1975–2017) DC 5 (1978–2007) KY 4 (1994–1999) ID 4 (2022–2026) MT 4 (1975–2010) NV 4 (2018–2018) UT 3 (1983–1989) ND 2 (1984–1991) WV 2 (1949–1985) SD 2 (1943–1985) AR 2 (1985–2010)

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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