need for an evidentiary hearing (New Jersey) · Go Syfert
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need for an evidentiary hearing in New Jersey

23 New Jersey opinions name it 2 courts 1981–2026 6 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 (11)

CaseFollowedCited
State v. Broom-Smithgreen
njsuperctappdiv · 2009 · cited in 10 New Jersey opinions naming this issue, 2017–2026
2 sentences

2026State v. Broom-Smith, 406 N.J.

2021State v. Broom-Smith, 406 N.J.

910
Pt v. Msgreen
njsuperctappdiv · 1999 · cited in 3 New Jersey opinions naming this issue, 2007–2020
2 sentences

2020See, e.g., P.T., 325 N.J.

2019See, e.g., P.T., 325 N.J.

33
Frank v. Ivy Clubgreen
nj · 1990 · cited in 2 New Jersey opinions naming this issue, 2021–2026
2 sentences

2026A-2459-24 6 N.J.A.C. 13:19-1.2(e); Frank v. Ivy Club, 120 N.J. 73, 98 (1990); N.J.

2021N.J.A.C. 13:19- 1.2(e); Frank v. Ivy Club, 120 N.J. 73, 98 (1990).

22
United States v. Elio Jesus Arbolaezgreen
ca11 · 2006 · cited in 2 New Jersey opinions naming this issue, 2017–2018
2 sentences

2018See United States v. Arbolaez, 450 F.3d 1283, 1293 (11th Cir. 2006); cf. State v. Broom-Smith, 406 N.J.

2017See United States v. Arbolaez, 450 F.3d 1283, 1293 (11th Cir. 2006)5; cf. Broom- Smith, supra, 406 N.J.

22
United States v. William Day, A/K/A William McNeilgreen
ca3 · 1992 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020A-0531-18T4 12 plea, counsel is required to give a defendant information sufficient 'to make a reasonably informed decision whether to accept a plea offer.'" Shotts v. Wetzel, 724 F.3d 364, 376 (3d Cir. 2013) (quoting United States v. Day, 969 F.2d 39, 43 (3d Cir. 1992)).

11
State v. Cummingsgreen
njsuperctappdiv · 1999 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020State v. Cummings, 321 N.J.

11
Randall Shotts v. John Wetzelgreen
ca3 · 2013 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020A-0531-18T4 12 plea, counsel is required to give a defendant information sufficient 'to make a reasonably informed decision whether to accept a plea offer.'" Shotts v. Wetzel, 724 F.3d 364, 376 (3d Cir. 2013) (quoting United States v. Day, 969 F.2d 39, 43 (3d Cir. 1992)).

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018See State v. Marshall, 148 N.J. 89, 158 (1997). 1 Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Fritz, 105 N.J. 42, 58 (1987).

11
State v. Fritzgreen
nj · 1987 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018See State v. Marshall, 148 N.J. 89, 158 (1997). 1 Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Fritz, 105 N.J. 42, 58 (1987).

11
State v. Marshallgreen
nj · 1997 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018See State v. Marshall, 148 N.J. 89, 158 (1997). 1 Strickland v. Washington, 466 U.S. 668, 687 (1984); State v. Fritz, 105 N.J. 42, 58 (1987).

11
Hill v. Lockhartgreen
scotus · 1985 · cited in 1 New Jersey opinions naming this issue, 2004–2004
2 sentences

2004See Hill v. Lockhart, 474 U.S. 52, 59 , 106 S.Ct. 366, 370 , 88 L.Ed. 2d 203, 210 (1985).

2004See Hill v. Lockhart, 474 U.S. 52, 59 , 106 S.Ct. 366, 370 , 88 L.Ed. 2d 203, 210 (1985).

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
Hand v. Hand green
njsuperctappdiv · 2007
2 sentences

2025"In some cases, there is clearly a need for an evidentiary hearing to resolve custody or parenting time issues." Hand, 391 N.J.

2024"In some cases, there is clearly a need for an evidentiary hearing to resolve custody or parenting time issues." Hand v. Hand, 391 N.J.

22024–2025
State Ex Rel. Rc green
njsuperctappdiv · 2002
2 sentences

2008Moreover, the presentation of expert testimony and other evidence relevant to this determination may consume a substantial amount of time. [ 351 N.J.Super. at 258 , 798 A. 2d 111 .] If a prosecutor were required to consider a juvenile's psychological impairments in deciding whether to waive charges to adult court, there would be a need for an evidentiary hearing anytime such impairments were alleged.

2008Moreover, the presentation of expert testimony and other evidence relevant to this determination may consume a substantial amount of time. [ 351 N.J.Super. at 258 , 798 A. 2d 111 .] If a prosecutor were required to consider a juvenile's psychological impairments in deciding whether to waive charges to adult court, there would be a need for an evidentiary hearing anytime such impairments were alleged.

12008–2008
Mackowski v. Mackowski green
njsuperctappdiv · 1998
1 sentence

2007See, e.g., P.T., supra, 325 N.J.Super. at 215, 222 , 738 A. 2d 385 (evidentiary hearing required prior to entry of order of joint custody and unsupervised visitation with father who had been accused of sexually abusing the child); Mackowski v. Mackowski, 317 N.J.Super. 8 , 721 A. 2d 12 (App. Div.1998) (holding that father's motion to transfer custody of sixteen-year-old daughter, who repeatedly expressed preference to live with father, should not have been decided without a plenary hearing); Fusco v. Fusco, 186 N.J.Super. 321 , 452 A. 2d 681 (App.Div.1982) (holding that plenary hearing was nec

12007–2007
MacKowski v. MacKowski green
njsuperctappdiv · 1998
1 sentence

2007See, e.g., P.T., supra, 325 N.J.Super. at 215, 222 , 738 A. 2d 385 (evidentiary hearing required prior to entry of order of joint custody and unsupervised visitation with father who had been accused of sexually abusing the child); Mackowski v. Mackowski, 317 N.J.Super. 8 , 721 A. 2d 12 (App. Div.1998) (holding that father's motion to transfer custody of sixteen-year-old daughter, who repeatedly expressed preference to live with father, should not have been decided without a plenary hearing); Fusco v. Fusco, 186 N.J.Super. 321 , 452 A. 2d 681 (App.Div.1982) (holding that plenary hearing was nec

12007–2007
Fusco v. Fusco green
njsuperctappdiv · 1982
2 sentences

2007See, e.g., P.T., supra, 325 N.J.Super. at 215, 222 , 738 A. 2d 385 (evidentiary hearing required prior to entry of order of joint custody and unsupervised visitation with father who had been accused of sexually abusing the child); Mackowski v. Mackowski, 317 N.J.Super. 8 , 721 A. 2d 12 (App. Div.1998) (holding that father's motion to transfer custody of sixteen-year-old daughter, who repeatedly expressed preference to live with father, should not have been decided without a plenary hearing); Fusco v. Fusco, 186 N.J.Super. 321 , 452 A. 2d 681 (App.Div.1982) (holding that plenary hearing was nec

2007See, e.g., P.T., supra, 325 N.J.Super. at 215, 222 , 738 A. 2d 385 (evidentiary hearing required prior to entry of order of joint custody and unsupervised visitation with father who had been accused of sexually abusing the child); Mackowski v. Mackowski, 317 N.J.Super. 8 , 721 A. 2d 12 (App. Div.1998) (holding that father's motion to transfer custody of sixteen-year-old daughter, who repeatedly expressed preference to live with father, should not have been decided without a plenary hearing); Fusco v. Fusco, 186 N.J.Super. 321 , 452 A. 2d 681 (App.Div.1982) (holding that plenary hearing was nec

12007–2007
Boller Beverages, Inc. v. Davis green
nj · 1962
2 sentences

1981In Boller Beverages, Inc. v. Davis, 38 N.J. 138 (1962), the Court noted that “special rulings,” in which an administrator interprets a statute or regulation for the future guidance of all persons who may be affected, “may partake of both rule-making and adjudication.” Id. at 154 .

1981In Boller Beverages, Inc. v. Davis, 38 N.J. 138 (1962), the Court noted that “special rulings,” in which an administrator interprets a statute or regulation for the future guidance of all persons who may be affected, “may partake of both rule-making and adjudication.” Id. at 154 .

11981–1981

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:35-5 (8) NJ § N.J. Stat. § 2C:35-10 (4) NJ § N.J. Stat. § 2C:43-6 (4) NJ § N.J. Stat. § 2C:44-1 (4) NJ § N.J. Stat. § 2C:11-3 (3) NJ § N.J. Stat. § 2C:39-5 (3) NJ § N.J. Stat. § 2C:43-7.2 (3) NJ § N.J. Stat. § 2C:5-2 (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

FL 56 (1980–2025) NJ 23 (1981–2026) PA 15 (1994–2023) NY 13 (1972–2025) IL 12 (1975–2025) MN 11 (1992–2025) MI 11 (1970–2025) TN 10 (2005–2026) CA 10 (1993–2025) OH 9 (1978–2023) MO 8 (1975–2022) NV 7 (1970–2022) CT 5 (1996–2025) NM 5 (1998–2025) WI 5 (1985–2018) MA 5 (1995–2026) DE 4 (1990–2025) GA 4 (1991–2016) KS 4 (1983–2024) TX 3 (2015–2019) DC 3 (1978–1993) AZ 3 (2012–2017) NC 3 (2002–2016) IN 3 (2000–2015) AK 3 (2020–2025) MS 3 (1984–2011) OK 3 (1996–2007) VT 3 (1984–2015) MT 2 (1989–1989) KY 2 (2025–2025) ND 2 (1994–1994)

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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