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25 New Jersey opinions name it 3 courts 1940–2022 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.
| Case | Followed | Cited |
|---|---|---|
In Re Crowleygreen2 sentences2022"To establish a constitutional right to a hearing, an individual must show that there is a genuine dispute of material fact and that he has a constitutionally protected interest." In re Crowley, 193 N.J. 2021"To establish a constitutional right to a hearing, an individual must show that there is a genuine dispute of material fact and that he has a constitutionally protected interest." In re Crowley, 193 N.J. | 2 | 4 |
Cunningham v. Department of Civil Servicegreen2 sentences2020"To establish a constitutional right to a hearing, an individual must show that there is a genuine dispute of material fact and that he has a constitutionally protected interest." Id. at 209 (citing Cunningham v. Dep't of Civil Serv., 69 N.J. 13, 18-19 (1975)). "[T]he mere expectancy of employment [i]s not an interest of constitutional dimension . . . ." Ibid. (citing Bd. of Regents v. Roth, 408 U.S. A-2268-18T1 12 564, 576-77 (1972)). 2020"To establish a constitutional right to a hearing, an individual must show that there is a genuine dispute of material fact and that he has a constitutionally protected interest." Id. at 209 (citing Cunningham v. Dep't of Civil Serv., 69 N.J. 13, 18-19 (1975)). "[T]he mere expectancy of employment [i]s not an interest of constitutional dimension . . . ." Ibid. (citing Bd. of Regents v. Roth, 408 U.S. A-2268-18T1 12 564, 576-77 (1972)). | 1 | 2 |
Board of Regents of State Colleges v. Rothgreen2 sentences2015It is well established that "[t]he requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment's protection of liberty and property." Bd. of Regents v. Roth, 408 U.S. 564, 569 , 92 S. Ct. 2701, 2705 , 33 L. 2015It is well established that "[t]he requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment's protection of liberty and property." Bd. of Regents v. Roth, 408 U.S. 564, 569 , 92 S. Ct. 2701, 2705 , 33 L. | 1 | 2 |
TP. OF CEDAR GROVE v. Sheridangreen2 sentences1999One asserting a constitutional right to a hearing must establish two prerequisites: "(1) contested factual issues which may be presented in an evidentiary manner in proceedings which are targeted at a person, group of persons or entity, and (2) particularized property rights or other special interests." Cedar Grove, 209 N.J.Super. at 275 , 507 A. 2d 304 . 1999One asserting a constitutional right to a hearing must establish two prerequisites: "(1) contested factual issues which may be presented in an evidentiary manner in proceedings which are targeted at a person, group of persons or entity, and (2) particularized property rights or other special interests." Cedar Grove, 209 N.J.Super. at 275 , 507 A. 2d 304 . | 1 | 2 |
In re NJPDES Permit No. NJ0025241green1 sentence2018Finally, we agree with the Commissioner's determination that VSM does not have a property interest sufficient to create a constitutional right to a hearing with respect to either the 2011 FHAV or the 2008 LOI. "[T]hird parties generally are not able to meet the stringent requirements for constitutional standing in respect of an adjudicatory hearing." In re DEP Permit No. NJ0025241, 185 N.J. 474, 482 (2006). | 1 | 1 |
Daoud v. Mohammadgreen1 sentence2018A defendant does not waive "the constitutional right to a defense interpreter . . . by mere acquiescence or nonverbal conduct . . . ." Id. at 427-28 ; see also Daoud v. Mohammad, 402 N.J. | 1 | 1 |
People v. Carreongreen2 sentences1992People v. Carreon, 151 Cal. App. 3d 559, 574 , 198 Cal. Rptr. 843, 852 (5th Dist. 1984). 1992People v. Carreon, 151 Cal. App. 3d 559, 574 , 198 Cal. Rptr. 843, 852 (5th Dist. 1984). | 1 | 1 |
John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitationgreen2 sentences1983In Lockett v. Ohio, supra, 438 U.S., at 596-597 , 98 S.Ct., at 2960-2961 , the court examined the "fair cross section" principle and held that "Nothing in Taylor ... suggests that the right to a representative jury includes the right to be tried by jurors who have explicitly indicated an inability to follow the law and instructions of the trial judge." [3] Smith and Spinkellink were federal proceeding on habeas corpus, but a reading of those cases leaves little doubt that there is neither a constitutional right to a hearing nor a Sixth amendment right to prohibit "death qualification." See Smi 1983In Lockett v. Ohio, supra, 438 U.S., at 596-597 , 98 S.Ct., at 2960-2961 , the court examined the "fair cross section" principle and held that "Nothing in Taylor ... suggests that the right to a representative jury includes the right to be tried by jurors who have explicitly indicated an inability to follow the law and instructions of the trial judge." [3] Smith and Spinkellink were federal proceeding on habeas corpus, but a reading of those cases leaves little doubt that there is neither a constitutional right to a hearing nor a Sixth amendment right to prohibit "death qualification." See Smi | 1 | 1 |
525 Realty Holding Co. v. Borough of Hasbrouck Heightsgreen1 sentence1982This court has held that there is a strong presumption in favor of the application of chapter 123 in the interest of assess ment stability. 525 Realty Holding Co. v. Hasbrouck Heights, 3 N.J.Tax 206, 216 (Tax Ct. 1981). | 1 | 1 |
Tomkins Tidewater Terminal v. Town of Kearnygreen1 sentence1981In support of the oft-stated proposition that chapter 123 was in large part of legislative response to the problem of proving a discriminatory assessment in cases where Kents relief is sought, Devonshire, supra, at 398 ; see, also, Tomkins Tidewater Terminal Co. v. Kearny, 1 N.J.Tax 590 (Tax Court 1980), a review of the legislative activities predating its adoption is enlightening. . | 1 | 1 |
Camara v. Municipal Court of City and County of San Franciscogreen2 sentences1967See Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed. 2 d 930 (1967). 1967See Camara v. Municipal Court, 387 U.S. 523 , 87 S.Ct. 1727 , 18 L.Ed. 2 d 930 (1967). | 1 | 1 |
Jackson v. Dennogreen2 sentences1967The language he quotes from Jackson v. Denno, 378 U. S. 368, 390 , 84 S. Ct. 1774 , 12 L. 1967The language he quotes from Jackson v. Denno, 378 U. S. 368, 390 , 84 S. Ct. 1774 , 12 L. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Kounelis
green
2 sentences2021"The constitutional right to a defense interpreter may not be waived by mere acquiescence or nonverbal conduct on the part of the accused." Kounelis, 258 N.J. 2018A defendant does not waive "the constitutional right to a defense interpreter . . . by mere acquiescence or nonverbal conduct . . . ." Id. at 427-28 ; see also Daoud v. Mohammad, 402 N.J. | 2 | 2018–2021 |
In Re the Appeals of Kents 2124 Atlantic Ave., Inc.
green
2 sentences1981Chapter 123 relief is not an alternative to the constitutional right to claim discrimination found in Kents, but is an answer to Chief Justice Weintraub’s plea for a legislative response to the dilemma of providing a remedy in “ratio cases.” Kents, 34 N.J. at 33 , 166 A.2d 763 . [Devonshire, supra, at 403 ]. 1981Chapter 123 relief is not an alternative to the constitutional right to claim discrimination found in Kents, but it is an answer to Chief Justice Weintraub’s plea for a legislative response to the dilemma of providing a remedy in “ratio cases.” Kents, 34 N.J. at 33 . | 2 | 1981–1981 |
In re Foglio
green
1 sentence2020Moreover, "[n]o right accrues to a candidate whose name is placed on an eligible list." Foglio, 207 N.J. at 44 (citing Crowley, 193 N.J. | 1 | 2020–2020 |
Spalt v. New Jersey DEP
green
2 sentences2004Prot., 237 N.J.Super. 206, 212 , 567 A. 2d 264 (App.Div.1989), certif. denied, 122 N.J. 140 , 584 A. 2d 213 (1990), we concluded that the owners of property located close to a proposed residential development did not have a particularized property interest that gave them a constitutional right to a hearing to oppose an application for a Coastal Area Facility Review Act permit. 2004Prot., 237 N.J.Super. 206, 212 , 567 A. 2d 264 (App.Div.1989), certif. denied, 122 N.J. 140 , 584 A. 2d 213 (1990), we concluded that the owners of property located close to a proposed residential development did not have a particularized property interest that gave them a constitutional right to a hearing to oppose an application for a Coastal Area Facility Review Act permit. | 1 | 2004–2004 |
Spalt v. New Jersey Department of Environmental Protection
neutral
2 sentences2004Prot., 237 N.J.Super. 206, 212 , 567 A. 2d 264 (App.Div.1989), certif. denied, 122 N.J. 140 , 584 A. 2d 213 (1990), we concluded that the owners of property located close to a proposed residential development did not have a particularized property interest that gave them a constitutional right to a hearing to oppose an application for a Coastal Area Facility Review Act permit. 2004Prot., 237 N.J.Super. 206, 212 , 567 A. 2d 264 (App.Div.1989), certif. denied, 122 N.J. 140 , 584 A. 2d 213 (1990), we concluded that the owners of property located close to a proposed residential development did not have a particularized property interest that gave them a constitutional right to a hearing to oppose an application for a Coastal Area Facility Review Act permit. | 1 | 2004–2004 |
Limongelli v. New Jersey State Board of Dentistry
green
2 sentences1998Id. at 326-28 , 645 A.2d 677 . 1998Id. at 326-28 , 645 A.2d 677 . | 1 | 1998–1998 |
Brooks v. Tennessee
green
2 sentences1989Such a condition for exercising a constitutional right to a defense “casts a heavy burden on a defendant’s otherwise unconditional right not to take the stand.” Brooks v. Tennessee, supra, 406 U.S. at 610 , 92 S.Ct. at 1894 , 32 L.Ed.2d at 363 . 1989Such a condition for exercising a constitutional right to a defense “casts a heavy burden on a defendant’s otherwise unconditional right not to take the stand.” Brooks v. Tennessee, supra, 406 U.S. at 610 , 92 S.Ct. at 1894 , 32 L.Ed.2d at 363 . | 1 | 1989–1989 |
Bell v. Engelhardt Appraisal Co.
green
1 sentence1988Super. 267, 275 (App.Div.), certif. den. 104 N.J. 464 (1986), in order to have a constitutional right to a hearing. | 1 | 1988–1988 |
John Eldon Smith, or Anthony Isalldo MacHetti v. Charles Balkcom, Warden, Georgia State Prison
green
1 sentence1983In Lockett v. Ohio, supra, 438 U.S., at 596-597 , 98 S.Ct., at 2960-2961 , the court examined the "fair cross section" principle and held that "Nothing in Taylor ... suggests that the right to a representative jury includes the right to be tried by jurors who have explicitly indicated an inability to follow the law and instructions of the trial judge." [3] Smith and Spinkellink were federal proceeding on habeas corpus, but a reading of those cases leaves little doubt that there is neither a constitutional right to a hearing nor a Sixth amendment right to prohibit "death qualification." See Smi | 1 | 1983–1983 |
Lockett v. Ohio
green
2 sentences1983In Lockett v. Ohio, supra, 438 U.S., at 596-597 , 98 S.Ct., at 2960-2961 , the court examined the "fair cross section" principle and held that "Nothing in Taylor ... suggests that the right to a representative jury includes the right to be tried by jurors who have explicitly indicated an inability to follow the law and instructions of the trial judge." [3] Smith and Spinkellink were federal proceeding on habeas corpus, but a reading of those cases leaves little doubt that there is neither a constitutional right to a hearing nor a Sixth amendment right to prohibit "death qualification." See Smi 1983In Lockett v. Ohio, supra, 438 U.S., at 596-597 , 98 S.Ct., at 2960-2961 , the court examined the "fair cross section" principle and held that "Nothing in Taylor ... suggests that the right to a representative jury includes the right to be tried by jurors who have explicitly indicated an inability to follow the law and instructions of the trial judge." [3] Smith and Spinkellink were federal proceeding on habeas corpus, but a reading of those cases leaves little doubt that there is neither a constitutional right to a hearing nor a Sixth amendment right to prohibit "death qualification." See Smi | 1 | 1983–1983 |
Devonshire Development Associates v. City of Hackensack
green
1 sentence1982“Chapter 123 relief is not an alternative to the constitutional right to claim discrimination found in Kents, but it is an answer to Chief Justice Weintraub’s plea for a legislative response to the dilemma of providing a remedy in ‘ratio’ cases.” Id. at 403, 184 N.J.Super. 371 , 446 A.2d 201 . | 1 | 1982–1982 |
United States v. Eramdjian
green
1 sentence1968Traditionally, the courts have weighed each alleged assault on a constitutional right by comparing the social values, public or private, attending the measures impugned as invalid, with the degree of hazard if any to which the constitutional right or privilege was subjected by such conduct." (at p. 533) The precise question of the validity of a state statute requiring criminal registration does not appear to have been decided in a reported opinion in the United States, although a federal statute requiring registration of narcotic offenders has been upheld against various allegations of unconst | 1 | 1968–1968 |
Security Trust & Safety Vault Co. v. City of Lexington
green
2 sentences1940Trenton, &c., Traction Corp. v. Mercer County Tax Board, 92 Id. 398; Security Trust Co. v. Lexington, 203 U. S. 323 ; Hill v. Martin, 296 Id. 393 . 1940Trenton, &c., Traction Corp. v. Mercer County Tax Board, 92 Id. 398; Security Trust Co. v. Lexington, 203 U. S. 323 ; Hill v. Martin, 296 Id. 393 . | 1 | 1940–1940 |
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.
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.