Blockburger test in New Jersey

25 New Jersey opinions name it 2 courts 1982–2019 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 (31)

Case	Followed	Cited
Illinois v. Vitalegreen scotus · 1980 · cited in 8 New Jersey opinions naming this issue, 1983–1994 2 sentences 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510	3	8
Blockburger v. United Statesgreen scotus · 1931 · cited in 9 New Jersey opinions naming this issue, 1984–2009 2 sentences 1991The initial test to be applied, commonly known as the Blockburger standard, focuses upon the statutory elements and requires inquiry into "whether 519 each provision requires proof of an additional fact which the other does not." State v. DeLuca, 108 N.J. at 103 , 527 A. 2d 1355 , quoting Blockburger v. United States, 284 U.S. at 304 , 52 S.Ct. at 182 , 76 L.Ed. at 309 . 1991The initial test to be applied, commonly known as the Blockburger standard, focuses upon the statutory elements and requires inquiry into "whether 519 each provision requires proof of an additional fact which the other does not." State v. DeLuca, 108 N.J. at 103 , 527 A. 2d 1355 , quoting Blockburger v. United States, 284 U.S. at 304 , 52 S.Ct. at 182 , 76 L.Ed. at 309 .	2	9
Brown v. Ohiogreen scotus · 1977 · cited in 5 New Jersey opinions naming this issue, 1982–2017 2 sentences 2017See Dively, supra, 92 N.J. at 579-82 , 458 A.2d 502 ; see also Brown, supra, 432 U.S. at 166 n.6, 97 S.Ct. at 2226 n.6, 53 L.Ed.2d at 195 n.6 (“The Blockburger test is not the only standard for determining whether successive prosecutions impermissibly involve the same offense.”). 2017See Dively, supra, 92 N.J. at 579-82 , 458 A.2d 502 ; see also Brown, supra, 432 U.S. at 166 n.6, 97 S.Ct. at 2226 n.6, 53 L.Ed.2d at 195 n.6 (“The Blockburger test is not the only standard for determining whether successive prosecutions impermissibly involve the same offense.”).	2	5
Grady v. Corbinred scotus · 1990 · cited in 3 New Jersey opinions naming this issue, 1991–2017 2 sentences 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510	2	3
State v. Gregorygreen nj · 1975 · cited in 2 New Jersey opinions naming this issue, 1983–2017 2 sentences 1983Cf. State v. Gregory, 66 N.J. 510, 521 (1975) (advocating compulsory joinder and endorsing Justice Proctor’s comments in State v. Bell, 55 N.J. 239, 243 (1960), that many of the difficulties in the double jeopardy area “would be eliminated if all charges against a defendant were disposed of in a single trial rather than by piecemeal litigation”). 6 The Appellate Division incorrectly applied the Blockburger test in State v. Di Ventura, 187 N.J.Super. 165, 171 (1982), certif. denied, 92 N.J.-(1983), when it misstated the test to be whether there was “an additional element in one offense not pres 1983Cf. State v. Gregory, 66 N.J. 510, 521 (1975) (advocating compulsory joinder and endorsing Justice Proctor’s comments in State v. Bell, 55 N.J. 239, 243 (1960), that many of the difficulties in the double jeopardy area “would be eliminated if all charges against a defendant were disposed of in a single trial rather than by piecemeal litigation”). 6 The Appellate Division incorrectly applied the Blockburger test in State v. Di Ventura, 187 N.J.Super. 165, 171 (1982), certif. denied, 92 N.J.-(1983), when it misstated the test to be whether there was “an additional element in one offense not pres	2	2
Garrett v. United Statesgreen scotus · 1985 · cited in 2 New Jersey opinions naming this issue, 1989–1991 2 sentences 1991The Court observed, however, that "[t]he Blockburger test was developed `in the context of multiple punishments imposed in a single prosecution.'" Ibid., quoting Garrett v. United States, 471 U.S. 773, 778 , 105 S.Ct. 2407, 2411 , 85 L.Ed. 2d 764, 771 (1985). 1991The Court observed, however, that "[t]he Blockburger test was developed `in the context of multiple punishments imposed in a single prosecution.'" Ibid., quoting Garrett v. United States, 471 U.S. 773, 778 , 105 S.Ct. 2407, 2411 , 85 L.Ed. 2d 764, 771 (1985).	2	2
State v. Calvaccagreen njsuperctappdiv · 1985 · cited in 2 New Jersey opinions naming this issue, 1987–1989 2 sentences 1989See State v. Calvacca, supra, 199 N.J. 1989See State v. Calvacca, supra, 199 N.J.	2	2
State v. Divelygreen nj · 1983 · cited in 5 New Jersey opinions naming this issue, 1984–2017 2 sentences 2017See Dively, supra, 92 N.J. at 579-82 , 458 A.2d 502 ; see also Brown, supra, 432 U.S. at 166 n.6, 97 S.Ct. at 2226 n.6, 53 L.Ed.2d at 195 n.6 (“The Blockburger test is not the only standard for determining whether successive prosecutions impermissibly involve the same offense.”). 2017See Dively, supra, 92 N.J. at 579-82 , 458 A.2d 502 ; see also Brown, supra, 432 U.S. at 166 n.6, 97 S.Ct. at 2226 n.6, 53 L.Ed.2d at 195 n.6 (“The Blockburger test is not the only standard for determining whether successive prosecutions impermissibly involve the same offense.”).	1	5
State v. Trugliagreen nj · 1984 · cited in 4 New Jersey opinions naming this issue, 1985–1989 2 sentences 1988But see e.g., State v. Truglia, 97 N.J. 513, 520 (1984) where the State argued that the Code of Criminal Justice "adopted the Blockburger test" in a case involving disposition by simultaneous pleas. 1988But see e.g., State v. Truglia, 97 N.J. 513, 520 (1984) where the State argued that the Code of Criminal Justice "adopted the Blockburger test" in a case involving disposition by simultaneous pleas.	1	4
United States v. Dixongreen scotus · 1993 · cited in 3 New Jersey opinions naming this issue, 2015–2019 2 sentences 2019Id. at 700-02, 113 S.Ct. 2849 . 2019Id. at 700-02, 113 S.Ct. 2849 .	1	3
State v. Dillihaygreen nj · 1992 · cited in 3 New Jersey opinions naming this issue, 2001–2015 2 sentences 2009After concluding that it was unclear whether the Legislature contemplated multiple punishments for the two offenses, or whether instead the Legislature sought merely to prohibit merger for sentencing purposes in order to preserve the mandatory parole ineligibility period for school-zone offenses, id. at 49-50 , 601 A. 2d 1149 , the Court proceeded to an application of the Blockburger test. 2009After concluding that it was unclear whether the Legislature contemplated multiple punishments for the two offenses, or whether instead the Legislature sought merely to prohibit merger for sentencing purposes in order to preserve the mandatory parole ineligibility period for school-zone offenses, id. at 49-50 , 601 A. 2d 1149 , the Court proceeded to an application of the Blockburger test.	1	3
State v. Davisgreen nj · 1975 · cited in 3 New Jersey opinions naming this issue, 1984–1988 2 sentences 1988We need not address this question given the "flexible approach" with respect to merger recognized by our Supreme Court in State v. Davis, 68 N.J. 69, 81 (1975) and State v. Truglia, supra . 1988We need not address this question given the "flexible approach" with respect to merger recognized by our Supreme Court in State v. Davis, 68 N.J. 69, 81 (1975) and State v. Truglia, supra .	1	3
Iannelli v. United Statesgreen scotus · 1975 · cited in 2 New Jersey opinions naming this issue, 1987–1991 2 sentences 1991The Blockburger test is satisfied if each offense requires proof of a fact that the other does not, notwithstanding substantial overlap in the evidence presented. 108 N.J. at 103 , 527 A. 2d 1355 ; see also Brown v. Ohio, 432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed. 2d 187 (1977); Iannelli v. United States, 420 U.S. 770 , 95 S.Ct. 1284 , 43 L.Ed. 2d 616 (1975). 1991The Blockburger test is satisfied if each offense requires proof of a fact that the other does not, notwithstanding substantial overlap in the evidence presented. 108 N.J. at 103 , 527 A. 2d 1355 ; see also Brown v. Ohio, 432 U.S. 161 , 97 S.Ct. 2221 , 53 L.Ed. 2d 187 (1977); Iannelli v. United States, 420 U.S. 770 , 95 S.Ct. 1284 , 43 L.Ed. 2d 616 (1975).	1	2
Whalen v. United Statesgreen scotus · 1980 · cited in 2 New Jersey opinions naming this issue, 1989–1989 2 sentences 1989In this regard, Blockburger states that [t]he applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not. [ 284 U.S. at 304 , 52 S.Ct. at 182 , 76 L.Ed. at 309 .] The assumption underlying the Blockburger test is that the Legislature "ordinarily does not intend to punish the same offense under two different statutes." Whalen, supra, 445 U.S. at 691-92 , 100 S.Ct. at 14 1989In this regard, Blockburger states that [t]he applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not. [ 284 U.S. at 304 , 52 S.Ct. at 182 , 76 L.Ed. at 309 .] The assumption underlying the Blockburger test is that the Legislature "ordinarily does not intend to punish the same offense under two different statutes." Whalen, supra, 445 U.S. at 691-92 , 100 S.Ct. at 14	1	2
State v. Miraultgreen nj · 1983 · cited in 2 New Jersey opinions naming this issue, 1984–1986 2 sentences 1986However, the court did indicate that the Blockburger test "may suffer from a certain sterility," 97 N.J. at 521 , and that the court has found it "more comfortable in recent years to eschew the `mechanical application of formulas' to resolve merger questions, [ State v. 341 Mirault, 92 N.J. 492 (1982)] at 501, and to resort to the flexible approach of Davis . " 97 N.J. at 521 . [3] While counts 1 and 2 and counts 3 and 4 of indictment 347-3-84 allege different dates for the issuance of the checks and the resulting thefts, a review of the factual basis at the time of plea, the presentence repo 1986However, the court did indicate that the Blockburger test "may suffer from a certain sterility," 97 N.J. at 521 , and that the court has found it "more comfortable in recent years to eschew the `mechanical application of formulas' to resolve merger questions, [ State v. 341 Mirault, 92 N.J. 492 (1982)] at 501, and to resort to the flexible approach of Davis . " 97 N.J. at 521 . [3] While counts 1 and 2 and counts 3 and 4 of indictment 347-3-84 allege different dates for the issuance of the checks and the resulting thefts, a review of the factual basis at the time of plea, the presentence repo	1	2
Morey v. Commonwealthgreen mass · 1871 · cited in 1 New Jersey opinions naming this issue, 1994–1994 2 sentences 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510	1	1
State v. Munizgreen nj · 1990 · cited in 1 New Jersey opinions naming this issue, 1994–1994 2 sentences 1994See also State v. Muniz, 118 N.J. 319 , 571 A. 2d 948 (1990). 1994See also State v. Muniz, 118 N.J. 319 , 571 A. 2d 948 (1990).	1	1
Colombo v. New Yorkgreen scotus · 1972 · cited in 1 New Jersey opinions naming this issue, 1991–1991 2 sentences 1991See State v. Thompson, 659 P. 2d at 386 ; see also Colombo v. New York, 405 U.S. 9 , 92 S.Ct. 756 , 30 L.Ed. 2d 762 (1972); People v. Gray, 12 Ill.Dec. at 889 , 370 N.E. 2d at 800 . 1991See State v. Thompson, 659 P. 2d at 386 ; see also Colombo v. New York, 405 U.S. 9 , 92 S.Ct. 756 , 30 L.Ed. 2d 762 (1972); People v. Gray, 12 Ill.Dec. at 889 , 370 N.E. 2d at 800 .	1	1
State v. Thompsongreen or · 1983 · cited in 1 New Jersey opinions naming this issue, 1991–1991 2 sentences 1991See State v. Thompson, 659 P. 2d at 386 ; see also Colombo v. New York, 405 U.S. 9 , 92 S.Ct. 756 , 30 L.Ed. 2d 762 (1972); People v. Gray, 12 Ill.Dec. at 889 , 370 N.E. 2d at 800 . 1991See State v. Thompson, 659 P. 2d at 386 ; see also Colombo v. New York, 405 U.S. 9 , 92 S.Ct. 756 , 30 L.Ed. 2d 762 (1972); People v. Gray, 12 Ill.Dec. at 889 , 370 N.E. 2d at 800 .	1	1
Albernaz v. United Statesgreen scotus · 1981 · cited in 1 New Jersey opinions naming this issue, 1989–1989 2 sentences 1989Garrett v. United States, 471 U.S. 773, 779 , 105 S.Ct. 2407, 2411 , 85 L.Ed. 2d 764, 771 (1985); Albernaz v. United States, 450 U.S. 333, 340 , 101 S.Ct. 1137, 1143 , 67 L.Ed. 2d at 275, 282 . 1989Garrett v. United States, 471 U.S. 773, 779 , 105 S.Ct. 2407, 2411 , 85 L.Ed. 2d 764, 771 (1985); Albernaz v. United States, 450 U.S. 333, 340 , 101 S.Ct. 1137, 1143 , 67 L.Ed. 2d at 275, 282 .	1	1
Missouri v. Huntergreen scotus · 1983 · cited in 1 New Jersey opinions naming this issue, 1989–1989 2 sentences 1989However, in Missouri v. Hunter, the Supreme 189 Court stated that the Blockburger test is applicable only when the legislature has not indicated its intent that a defendant should be convicted of both offenses. 459 U.S. 359, 366-67 , 103 S.Ct. 673, 678-79 , 74 L.Ed. 2d 535, 542-43 (1983), citing Whalen v. United States, 445 U.S. 684, 691-93 , 100 S.Ct. 1432, 1437-39 , 63 L.Ed. 2d 715, 723-25 (1980). 1989However, in Missouri v. Hunter, the Supreme 189 Court stated that the Blockburger test is applicable only when the legislature has not indicated its intent that a defendant should be convicted of both offenses. 459 U.S. 359, 366-67 , 103 S.Ct. 673, 678-79 , 74 L.Ed. 2d 535, 542-43 (1983), citing Whalen v. United States, 445 U.S. 684, 691-93 , 100 S.Ct. 1432, 1437-39 , 63 L.Ed. 2d 715, 723-25 (1980).	1	1
William H. Fuller v. United Statesgreen cadc · 1969 · cited in 1 New Jersey opinions naming this issue, 1988–1988	1	1
Raymond Pandelli v. United Statesgreen ca6 · 1980 · cited in 1 New Jersey opinions naming this issue, 1987–1987	1	1
Stanley L. Davis v. Robert Herring, Sheriff of Lee County, Mississippi and Edwin L. Pittman, Attorney General of the State of Mississippigreen ca5 · 1986 · cited in 1 New Jersey opinions naming this issue, 1987–1987	1	1
State v. Grampusgreen sc · 1986 · cited in 1 New Jersey opinions naming this issue, 1987–1987	1	1
People v. Jacksongreen illappct · 1986 · cited in 1 New Jersey opinions naming this issue, 1987–1987	1	1
Carter v. Stategreen indctapp · 1981 · cited in 1 New Jersey opinions naming this issue, 1987–1987	1	1
State v. Fractiongreen njsuperctappdiv · 1985 · cited in 1 New Jersey opinions naming this issue, 1986–1986	1	1
State v. Goodmangreen nj · 1983 · cited in 1 New Jersey opinions naming this issue, 1984–1984	1	1
State v. Bellgreen nj · 1970 · cited in 1 New Jersey opinions naming this issue, 1983–1983	1	1
State v. Di Venturagreen njsuperctappdiv · 1982 · cited in 1 New Jersey opinions naming this issue, 1983–1983	1	1

Distinguished, questioned or overruled (2)

Case	Negative	Cited
State v. Trugliagreen nj · 1984 · cited in 4 New Jersey opinions naming this issue, 1985–1989 2 sentences 1988But see e.g., State v. Truglia, 97 N.J. 513, 520 (1984) where the State argued that the Code of Criminal Justice "adopted the Blockburger test" in a case involving disposition by simultaneous pleas. 1988But see e.g., State v. Truglia, 97 N.J. 513, 520 (1984) where the State argued that the Code of Criminal Justice "adopted the Blockburger test" in a case involving disposition by simultaneous pleas.	1	4
Grady v. Corbinred scotus · 1990 · cited in 3 New Jersey opinions naming this issue, 1991–2017 2 sentences 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510 1994Thus we stated that if "`each statute requires proof of an additional fact which the other does not,' Morey v. Commonwealth, 108 Mass. 433, 434 (1871)," the offenses are not the same under the Blockburger test. [ Illinois v. Vitale, supra, 447 U.S. at 416 , 100 S.Ct. at 2265 , 65 L.Ed. 2d at 235 .] Grady held "that the Double Jeopardy Clause bars a subsequent prosecution if, to establish an essential element of an offense charged in that prosecution, the government will prove conduct that constitutes an offense for which the defendant has already been prosecuted." Grady, supra, 495 U.S. at 510	1	3

Also cited on this issue (12)

Case	Cited	Years
State v. DeLuca green nj · 1987 2 sentences 1991The initial test to be applied, commonly known as the Blockburger standard, focuses upon the statutory elements and requires inquiry into "whether 519 each provision requires proof of an additional fact which the other does not." State v. DeLuca, 108 N.J. at 103 , 527 A. 2d 1355 , quoting Blockburger v. United States, 284 U.S. at 304 , 52 S.Ct. at 182 , 76 L.Ed. at 309 . 1991The initial test to be applied, commonly known as the Blockburger standard, focuses upon the statutory elements and requires inquiry into "whether 519 each provision requires proof of an additional fact which the other does not." State v. DeLuca, 108 N.J. at 103 , 527 A. 2d 1355 , quoting Blockburger v. United States, 284 U.S. at 304 , 52 S.Ct. at 182 , 76 L.Ed. at 309 .	4	1987–1991
State v. Best green nj · 1976 2 sentences 1984He relies as well on State v. Dively, 92 N.J. 573 (1983), which he says gives this Court’s approval to the Blockburger test; State v. Mirault, 92 N.J. 492 (1982), with its emphasis on the absence of separation in time to show that two separate offenses occurred, id. at 503 , as defendant contends is likewise lacking in this case; and State v. Best, 70 N.J. 56 (1976), which Truglia says compels merger when both offenses are committed at the same time and place, again as he argues for here. 1984He relies as well on State v. Dively, 92 N.J. 573 (1983), which he says gives this Court’s approval to the Blockburger test; State v. Mirault, 92 N.J. 492 (1982), with its emphasis on the absence of separation in time to show that two separate offenses occurred, id. at 503 , as defendant contends is likewise lacking in this case; and State v. Best, 70 N.J. 56 (1976), which Truglia says compels merger when both offenses are committed at the same time and place, again as he argues for here.	2	1982–1984
State v. Yoskowitz green nj · 1989 2 sentences 2017This language “created controversy among state and federal courts over whether the traditional Blockburger test ha[d] been expanded.” Yoskowitz, supra, 116 N.J. at 690 . 2017This language “created controversy among state and federal courts over whether the traditional Blockburger test ha[d] been expanded.” Yoskowitz, supra, 116 N.J. at 690 .	1	2017–2017
Fex v. Michigan green scotus · 1992 1 sentence 2015Dixon, supra, 509 U.S. at 703-12 , 113 S. Ct. 18 A-2692-12T1 2859-64, 125 L.	1	2015–2015
State v. Parker green njsuperctappdiv · 2000 2 sentences 2001Under the Blockburger test, "the court must 'determine whether the defendant is unconstitutionally faced with multiple punishment for the ‘same’ offense.’ ” State v. Parker, 335 N.J.Super. 415, 422 , 762 A.2d 690 , (App.Div.2000) (quoting State v. Maldonado, 137 N.J. 536, 580 , 645 A.2d 1165 (1994) (quoting Dillihay, supra, 127 N.J. at 47-48 , 601 A.2d 1149 )). 2001Under the Blockburger test, "the court must 'determine whether the defendant is unconstitutionally faced with multiple punishment for the ‘same’ offense.’ ” State v. Parker, 335 N.J.Super. 415, 422 , 762 A.2d 690 , (App.Div.2000) (quoting State v. Maldonado, 137 N.J. 536, 580 , 645 A.2d 1165 (1994) (quoting Dillihay, supra, 127 N.J. at 47-48 , 601 A.2d 1149 )).	1	2001–2001
State v. Maldonado green nj · 1994 2 sentences 2001Thus, Section 5 should be construed and understood to require imposition of Section 7’s mandatory minimum term as part of the sentence imposed on any defendant convicted of a second-degree Section 5 offense and a related Section 7 offense; in respect of first-degree Section 5 convictions, the statute expressly provides for a mandatory minimum sentence. [ Id at 55, 601 A.2d 1149 .] The Court also addressed a similar merger provision in State v. Maldonado, 137 N.J. 536 , 645 A.2d 1165 (1994), and concluded that multiple convictions and sentences for Section 7 and drug-death violations, N.J.S.A. 2001Thus, Section 5 should be construed and understood to require imposition of Section 7’s mandatory minimum term as part of the sentence imposed on any defendant convicted of a second-degree Section 5 offense and a related Section 7 offense; in respect of first-degree Section 5 convictions, the statute expressly provides for a mandatory minimum sentence. [ Id at 55, 601 A.2d 1149 .] The Court also addressed a similar merger provision in State v. Maldonado, 137 N.J. 536 , 645 A.2d 1165 (1994), and concluded that multiple convictions and sentences for Section 7 and drug-death violations, N.J.S.A.	1	2001–2001
State v. Churchdale Leasing, Inc. green nj · 1989 2 sentences 1992Cf. Illinois v. Vitale, 447 U.S. 410, 419-20 , 100 S.Ct. 2260, 2267 , 65 L.Ed.2d 228, 237-38 (1980) (double jeopardy bars subsequent prosecution if one offense is always a necessary element of the other); Churchdale Leasing, supra, 115 N.J. at 106-07 , 557 A.2d 277 (multiple punishment violates double jeopardy when the evidence that proves one offense necessarily establishes the other); Dively, supra, 92 N.J. at 582-83 , 458 A.2d 502 (double jeopardy bars multiple convictions when evidence that proves one offense also establishes the other). 1992Cf. Illinois v. Vitale, 447 U.S. 410, 419-20 , 100 S.Ct. 2260, 2267 , 65 L.Ed.2d 228, 237-38 (1980) (double jeopardy bars subsequent prosecution if one offense is always a necessary element of the other); Churchdale Leasing, supra, 115 N.J. at 106-07 , 557 A.2d 277 (multiple punishment violates double jeopardy when the evidence that proves one offense necessarily establishes the other); Dively, supra, 92 N.J. at 582-83 , 458 A.2d 502 (double jeopardy bars multiple convictions when evidence that proves one offense also establishes the other).	1	1992–1992
People v. Gray green ill · 1977 2 sentences 1991See State v. Thompson, 659 P. 2d at 386 ; see also Colombo v. New York, 405 U.S. 9 , 92 S.Ct. 756 , 30 L.Ed. 2d 762 (1972); People v. Gray, 12 Ill.Dec. at 889 , 370 N.E. 2d at 800 . 1991See State v. Thompson, 659 P. 2d at 386 ; see also Colombo v. New York, 405 U.S. 9 , 92 S.Ct. 756 , 30 L.Ed. 2d 762 (1972); People v. Gray, 12 Ill.Dec. at 889 , 370 N.E. 2d at 800 .	1	1991–1991
Stanek v. Civil Service Commission of Pittsburgh green scotus · 1969	1	1988–1988
Robinson v. Secretary of Transportation green scotus · 1987 2 sentences 1988In State v. DeLuca, 108 N.J. 98,109 , cert. denied, — U.S. -, 108 S.Ct. 331 , 98 L.Ed.2d 358 (1987), we noted that Illinois v. Vitale, 447 U.S. 410 , 100 S.Ct. 2260 , 65 L.Ed.2d 228 (1980), had modified the Blockburger test of elements of the offense “to make less abstract the comparison of the elements of the two offenses.” We believe that similar reasoning should in 300 form our understanding of the definitions of a lesser-included offense in our Code of Criminal Justice. 1988In State v. DeLuca, 108 N.J. 98,109 , cert. denied, — U.S. -, 108 S.Ct. 331 , 98 L.Ed.2d 358 (1987), we noted that Illinois v. Vitale, 447 U.S. 410 , 100 S.Ct. 2260 , 65 L.Ed.2d 228 (1980), had modified the Blockburger test of elements of the offense “to make less abstract the comparison of the elements of the two offenses.” We believe that similar reasoning should in 300 form our understanding of the definitions of a lesser-included offense in our Code of Criminal Justice.	1	1988–1988
Wyoming Community Development Authority v. Durning green scotus · 1987	1	1988–1988
State v. Turner neutral nj · 1986	1	1987–1987

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:35-5 (3) NJ § N.J. Stat. § 2C:35-7 (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

TX 409 (1982–2026) FL 171 (1981–2026) NM 151 (1991–2026) LA 139 (1980–2025) WA 133 (1982–2026) TN 130 (1977–2026) OH 105 (1980–2026) CT 96 (1985–2026) VA 89 (1979–2026) MI 88 (1978–2026) AL 71 (1977–2025) KY 66 (1984–2026) IN 65 (1978–2020) MD 61 (1962–2022) DC 57 (1981–2026) MO 57 (1977–2024) MS 54 (1981–2023) PA 53 (1982–2025) IL 48 (1977–2023) WI 37 (1979–2023) ID 34 (1980–2025) WV 32 (1983–2025) MT 32 (1981–2024) WY 30 (1987–2023) NC 26 (1981–2026) NJ 25 (1982–2019) CO 23 (1980–2017) DE 22 (1980–2025) IA 22 (1983–2026) SC 21 (1990–2021) NV 20 (1984–2024) NY 20 (1978–2019) AZ 19 (1981–2024) SD 19 (1988–2019) RI 17 (1980–2013) NE 16 (1991–2025) VT 16 (1998–2024) GA 14 (1979–2023) AR 14 (1993–2024) ME 14 (1992–2025) OK 11 (1981–2024) HI 9 (1991–2005) MN 9 (1979–2013) OR 8 (1982–2020) CA 7 (2001–2020) MA 7 (1981–2023) VI 7 (1997–2013) KS 6 (1989–2006) AK 4 (1995–2024) ND 4 (2006–2023) GU 2 (2023–2025) NH 2 (1984–2006)

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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