balance factors (New Jersey) · Go Syfert
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balance factors in New Jersey

22 New Jersey opinions name it 2 courts 1886–2025 4 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 (12)

CaseFollowedCited
State v. Krusegreen
nj · 1987 · cited in 9 New Jersey opinions naming this issue, 1989–2025
2 sentences

2025"To provide an A-0625-23 23 intelligible record for review, the trial court should identify the aggravating and mitigating factors, describe the balance of those factors, and explain how it determined defendant's sentence." Kruse, 105 N.J. at 360 .

2022Although no inflexible rule applies, reason suggests that when the mitigating factors preponderate, sentences will tend toward the lower end of the range, and when the aggravating factors preponderate, sentences will tend toward the higher end of the range. [Ibid.] In State v. Kruse, the Court explained that, "[t]o provide an intelligible record for review, the trial court should identify the aggravating and mitigating factors, describe the balance of those factors, and explain how it determined defendant's sentence." 105 N.J. 354, 360 (1987)).

29
State v. Morgangreen
njsuperctappdiv · 1984 · cited in 4 New Jersey opinions naming this issue, 2009–2022
2 sentences

2022"Merely enumerating those factors does not provide any insight into the sentencing decision, which follows not from a quantitative, but from a qualitative, analysis." Id. at 363 (citing State v. Morgan, 196 N.J.

2022"Merely A-3808-19 25 enumerating those factors does not provide any insight into the sentencing decision, which follows not from a quantitative, but from a qualitative, analysis." Id. at 363 (citing State v. Morgan, 196 N.J.

24
State v. Cookgreen
nj · 2004 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018See Cook, 179 N.J. at 563 .

11
Mobley v. New York Life Insurancegreen
sc · 1913 · cited in 1 New Jersey opinions naming this issue, 2008–2008
1 sentence

2008Biggers, supra, 409 U.S. at 198, 93 S.Ct. at 381, 34 L.Ed. 2d at 410.

11
Maldonado v. Luccagreen
njd · 1986 · cited in 1 New Jersey opinions naming this issue, 1999–1999
1 sentence

1999See Maldonado v. Lucca, 636 F.Supp. 621, 624 (D.N.J.1986) indicating the strong public policy in New Jersey in favor of payment of a compensation to employees, as evidenced by N.J.S.A. 34:11-4.8.

11
State v. Lewisgreen
nj · 1988 · cited in 1 New Jersey opinions naming this issue, 1998–1998
1 sentence

1998See also State v. Watson, 224 N.J.Super. 354, 363 , 540 A.2d 875 (App.Div.) (remanding for resentencing where the Kruse analysis was not placed on the record), certif. denied, 111 N.J. 620 , 546 A.2d 537 , cert. denied, 488 U.S. 983 , 109 S.Ct. 535 , 102 L.

11
State v. Oliverasgreen
nj · 1988 · cited in 1 New Jersey opinions naming this issue, 1998–1998
1 sentence

1998See also State v. Watson, 224 N.J.Super. 354, 363 , 540 A.2d 875 (App.Div.) (remanding for resentencing where the Kruse analysis was not placed on the record), certif. denied, 111 N.J. 620 , 546 A.2d 537 , cert. denied, 488 U.S. 983 , 109 S.Ct. 535 , 102 L.

11
State v. Watsongreen
njsuperctappdiv · 1988 · cited in 1 New Jersey opinions naming this issue, 1998–1998
2 sentences

1998See also State v. Watson, 224 N.J.Super. 354, 363 , 540 A.2d 875 (App.Div.) (remanding for resentencing where the Kruse analysis was not placed on the record), certif. denied, 111 N.J. 620 , 546 A.2d 537 , cert. denied, 488 U.S. 983 , 109 S.Ct. 535 , 102 L.

1998See also State v. Watson, 224 N.J.Super. 354, 363 , 540 A.2d 875 (App.Div.) (remanding for resentencing where the Kruse analysis was not placed on the record), certif. denied, 111 N.J. 620 , 546 A.2d 537 , cert. denied, 488 U.S. 983 , 109 S.Ct. 535 , 102 L.

11
Nimmons v. Alabamagreen
scotus · 1988 · cited in 1 New Jersey opinions naming this issue, 1998–1998
1 sentence

1998See also State v. Watson, 224 N.J.Super. 354, 363 , 540 A.2d 875 (App.Div.) (remanding for resentencing where the Kruse analysis was not placed on the record), certif. denied, 111 N.J. 620 , 546 A.2d 537 , cert. denied, 488 U.S. 983 , 109 S.Ct. 535 , 102 L.

11
Jones v. City of St. Louisgreen
scotus · 1988 · cited in 1 New Jersey opinions naming this issue, 1998–1998
1 sentence

1998See also State v. Watson, 224 N.J.Super. 354, 363 , 540 A.2d 875 (App.Div.) (remanding for resentencing where the Kruse analysis was not placed on the record), certif. denied, 111 N.J. 620 , 546 A.2d 537 , cert. denied, 488 U.S. 983 , 109 S.Ct. 535 , 102 L.

11
State v. Hartyegreen
nj · 1987 · cited in 1 New Jersey opinions naming this issue, 1989–1989
1 sentence

1989See also N.J.S.A. 2C:43-2e; State v. Hartye, 105 N.J. 411, 421 (1987).

11
State in Interest of BTgreen
njsuperctappdiv · 1976 · cited in 1 New Jersey opinions naming this issue, 1982–1982
1 sentence

1982B.T., 145 N.J.

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 (10)

CaseCitedYears
State v. Doyle neutral
nj · 1984
2 sentences

2009“Merely enumerating those factors does not provide any insight into the sentencing decision, which follows not from a quantitative, but from a qualitative, analysis.” Id. at 363 , 521 A.2d 836 (citing State v. Morgan, 196 N.J.Super. 1, 5 , 481 A.2d 545 (App.Div.), certif. denied, 99 N.J. 175 , 491 A.2d 682 (1984)).

2009"Merely enumerating those factors does not provide any insight into the sentencing decision, which follows not from a quantitative, but from a qualitative, analysis." Id. at 363 , 521 A. 2d 836 (citing State v. Morgan, 196 N.J.Super. 1, 5 , 481 A. 2d 545 (App.Div.), certif. denied, 99 N.J. 175 , 491 A. 2d 682 (1984)).

22009–2009
Delguidice v. Division of New Jersey Racing Commission green
nj · 1984
2 sentences

2009“Merely enumerating those factors does not provide any insight into the sentencing decision, which follows not from a quantitative, but from a qualitative, analysis.” Id. at 363 , 521 A.2d 836 (citing State v. Morgan, 196 N.J.Super. 1, 5 , 481 A.2d 545 (App.Div.), certif. denied, 99 N.J. 175 , 491 A.2d 682 (1984)).

2009"Merely enumerating those factors does not provide any insight into the sentencing decision, which follows not from a quantitative, but from a qualitative, analysis." Id. at 363 , 521 A. 2d 836 (citing State v. Morgan, 196 N.J.Super. 1, 5 , 481 A. 2d 545 (App.Div.), certif. denied, 99 N.J. 175 , 491 A. 2d 682 (1984)).

22009–2009
State, in Interest of Cah green
nj · 1982
2 sentences

1987While there is no judicial calculus that unerringly resolves each case, the process involves the familiar balance of factors that we described in State in the Interest of C.A.H. and B.A.R., supra, 89 N.J. 326 .

1987While there is no judicial calculus that unerringly resolves each case, the process involves the familiar balance of factors that we described in State in the Interest of C.A.H. and B.A.R., supra, 89 N.J. 326 .

21987–1987
Higg-A-Rella, Inc. v. County of Essex green
nj · 1995
2 sentences

2007Higg-A-Rella, supra, 141 N.J. at 46 , 660 A.2d 1163 .

2007Higg-A-Rella, supra, 141 N.J. at 46 , 660 A.2d 1163 .

12007–2007
New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp. green
nj · 1994
2 sentences

2006Employing the Schmid balancing test, the Court concluded that "the balance of factors clearly predominates in favor of" the constitutional obligation to allow leafletting at the shopping centers on issues of public import, observing that "the right sought is no more discordant with [the owners'] uses of their property than is the leafletting that has been exercised for centuries within downtown business districts discordant with their use." Id. at 334, 650 A. 2d 757 .

2006The Court observed that suburban shopping centers "have substantially displaced the downtown business districts as the centers of commercial and social activity." Id. at 346 , 650 A. 2d 757 .

12006–2006
Miranda v. Arizona green
scotus · 1966
2 sentences

2003The trooper then advised defendant he was under arrest for driving while under the influence of alcohol and advised him of his Miranda rights, Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed. 2d 694 (1966).

2003The trooper then advised defendant he was under arrest for driving while under the influence of alcohol and advised him of his Miranda rights, Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed. 2d 694 (1966).

12003–2003
State v. Williams green
nj · 1988
2 sentences

2000Applying the balance of factors set forth in Bey II, supra, we are satisfied that prejudice did not arise.

2000Applying the balance of factors set forth in Bey II, supra, we are satisfied that prejudice did not arise.

12000–2000
Fellerman v. Bradley green
nj · 1985
1 sentence

1989Considering the balance of factors involved and in light of the surrounding circumstances, we found disclosure of the client’s address necessary to prevent injustice. 99 N.J. at 507 .

11989–1989
Paolucci v. 358 Market Street, Inc. neutral
njsuperctappdiv · 1961
1 sentence

1985R.R. 4:58-4; Paolocci v. 358 Market Street, Inc., 66 N.J.Super. 411 (Law Div.1961).

11985–1985
McKyring v. . Bull green
ny · 1857
1 sentence

1886Although payment, in whole or in part, prior to action brought, might be given in ■evidence under the general issue, according to our practice, yet the defendant is not bound to plead generally, but may also plead specially, and have a distinct issue made on such plea. 1 Chitty Pl. *478, *480; 'McKyring v. Bull, 16 N. Y. 297 .

11886–1886

Statutes the citing opinions construe

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

IL 129 (1914–2026) TX 60 (1941–2025) NY 47 (1867–2026) PA 41 (1890–2023) CA 34 (1919–2025) MI 22 (1908–2023) NJ 22 (1886–2025) TN 19 (1969–2025) LA 18 (1920–2024) OH 15 (1894–2025) OR 13 (1911–2026) CT 13 (1887–2024) MD 11 (1987–2019) WA 10 (1916–2024) MA 8 (1931–2012) MO 8 (1897–2022) IN 7 (1936–2019) AL 7 (1876–2011) IA 7 (1860–2015) FL 7 (1984–2003) VT 6 (2013–2024) DC 6 (1957–2002) AK 6 (1979–2025) NM 6 (2007–2024) AZ 5 (1918–2019) MT 5 (1935–1999) KY 5 (1900–2015) NC 5 (1913–2026) RI 5 (2003–2004) WI 4 (1902–2021) ND 4 (1946–2000) GA 4 (1923–2025) WY 4 (1937–2003) DE 4 (2016–2025) NE 3 (1934–1975) KS 3 (1999–2021) MS 3 (1927–2007) CO 3 (1960–2016) ME 3 (1961–2025) AR 3 (1930–2025) WV 3 (1993–2021) SC 3 (1979–1987) VA 2 (1925–1978) OK 2 (1922–1929) SD 2 (1926–1983) HI 2 (1910–2017) UT 2 (1938–2019)

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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