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22 New Jersey opinions name it 2 courts 1975–2024 5 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 |
|---|---|---|
Grayned v. City of Rockfordgreen2 sentences2024Super. at 369 (citing Grayned v. City of Rockford, 408 U.S. 104, 108-09 (1972)). 2005See Grayned v. City of Rockford, 408 U.S. 104, 108-09 , 92 S.Ct. 2294, 2299 , 33 L.Ed.2d 222, 227-28 (1972). | 2 | 2 |
Thomas F. Siciliano v. George Vose, Superintendent, MCI Norfolkgreen2 sentences1999I acknowledge the Court’s concern, expressed in Savage, supra, that to require the trial court to follow a special procedure, explicitly telling defendant about, and securing an explicit waiver of, a privilege to testify ... could inappropriately influence the defendant to waive his constitutional right not to testify____ [120 NJ. at 630, 577 A.2d 455 (quoting Siciliano v. Vose, 834 F.2d 29, 30 (1st. 1999The allocution, "[Johnson's] first public acknowledgment of wrongdoing since his arrest," ibid., seems to have been a substantial reason for his life sentence. [3] I acknowledge the Court's concern, expressed in Savage, supra, that to require the trial court to follow a special procedure, explicitly telling defendant about, and securing an explicit waiver of, a privilege to testify ... could inappropriately influence the defendant to waive his constitutional right not to testify.... [ 120 N.J. at 630 , 577 A. 2d 455 (quoting Siciliano v. Vose, 834 F. 2d 29, 30 (1st. | 2 | 2 |
Pazden v. NJ State Parole Bd.green2 sentences2024"The United States Supreme Court has defined the concept of void for vagueness in terms of whether a statute or A-2404-22 16 regulation gives a person of ordinary intelligence fair warning of what conduct is prohibited . . . and whether it is specific enough to provide an explicit standard to guide its enforcement." Pazden, 374 N.J. 2021State Parole Bd., 374 N.J. | 1 | 2 |
Gotlib v. Gotlibgreen1 sentence2024"Even an explicit waiver A-3949-22 10 agreement cannot vitiate a child's right to support." Gotlib v. Gotlib, 399 N.J. | 1 | 1 |
State v. Timmendequasgreen1 sentence2021Super. 280, 293 (App. Div. 2015), "in the interests of justice," State v. Timmendequas, 161 N.J. 515, 554 (1999) (noting the absence of an explicit rule for reconsideration motions in criminal matters, but holding that such motions are permitted in criminal matters) . | 1 | 1 |
State v. Greengreen1 sentence2019"Appropriate and proper charges to a jury are essential for a fair trial." State v. Green, 86 N.J. 281, 287 (1981). | 1 | 1 |
State v. Mautigreen1 sentence2017A court is required to "give as much effect as possible to the legislative judgments embodied in the privileges within ever-present constitutional limitations." State v. Mauti, 208 N.J. 519, 537 (2012) (internal quotation marks and citation omitted). | 1 | 1 |
United States v. McKeevegreen1 sentence2003United States v. McKeeve, 131 F. 3d 1, 8 (1st Cir.1997). | 1 | 1 |
State v. Savagegreen2 sentences1999The allocution, "[Johnson's] first public acknowledgment of wrongdoing since his arrest," ibid., seems to have been a substantial reason for his life sentence. [3] I acknowledge the Court's concern, expressed in Savage, supra, that to require the trial court to follow a special procedure, explicitly telling defendant about, and securing an explicit waiver of, a privilege to testify ... could inappropriately influence the defendant to waive his constitutional right not to testify.... [ 120 N.J. at 630 , 577 A. 2d 455 (quoting Siciliano v. Vose, 834 F. 2d 29, 30 (1st. 1999The allocution, "[Johnson's] first public acknowledgment of wrongdoing since his arrest," ibid., seems to have been a substantial reason for his life sentence. [3] I acknowledge the Court's concern, expressed in Savage, supra, that to require the trial court to follow a special procedure, explicitly telling defendant about, and securing an explicit waiver of, a privilege to testify ... could inappropriately influence the defendant to waive his constitutional right not to testify.... [ 120 N.J. at 630 , 577 A. 2d 455 (quoting Siciliano v. Vose, 834 F. 2d 29, 30 (1st. | 1 | 1 |
Bradford v. Kupper Associatesgreen1 sentence1997See Bradford v. Kupper, 283 N.J.Super. 556, 583 , 662 A.2d 1004 (App.Div.1995), certif. denied, 144 N.J. 586 , 677 A.2d 759 (1996). | 1 | 1 |
Bradford v. Kupper Associatesgreen2 sentences1997See Bradford v. Kupper, 283 N.J.Super. 556, 583 , 662 A.2d 1004 (App.Div.1995), certif. denied, 144 N.J. 586 , 677 A.2d 759 (1996). 1997See Bradford v. Kupper, 283 N.J.Super. 556, 583 , 662 A.2d 1004 (App.Div.1995), certif. denied, 144 N.J. 586 , 677 A.2d 759 (1996). | 1 | 1 |
| Matter of Coopermangreen | 1 | 1 |
| United States v. Robert Martinezgreen | 1 | 1 |
| cluster 308599green | 1 | 1 |
| Arshack v. United Statesgreen | 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 |
|---|---|---|
Bolden v. Walker
green
2 sentences2015Court Rules, comment 3 on R. 1:7-4 (1995), and noting that there is not an explicit rule for motions for reconsideration in criminal matters, but holding that such motions are permitted in criminal matters), cert. denied, 534 U.S. 858 , 122 S. Ct. 136 , 151 L. 2015Court Rules, comment 3 on R. 1:7-4 (1995), and noting that there is not an explicit rule for motions for reconsideration in criminal matters, but holding that such motions are permitted in criminal matters), cert. denied, 534 U.S. 858 , 122 S. Ct. 136 , 151 L. | 2 | 2015–2015 |
Brown v. City of Philadelphia
green
2 sentences2015Court Rules, comment 3 on R. 1:7-4 (1995), and noting that there is not an explicit rule for motions for reconsideration in criminal matters, but holding that such motions are permitted in criminal matters), cert. denied, 534 U.S. 858 , 122 S. Ct. 136 , 151 L. 2015Court Rules, comment 3 on R. 1:7-4 (1995), and noting that there is not an explicit rule for motions for reconsideration in criminal matters, but holding that such motions are permitted in criminal matters), cert. denied, 534 U.S. 858 , 122 S. Ct. 136 , 151 L. | 2 | 2015–2015 |
Kernahan v. Home Warranty Adm'r of Fla., Inc.
green
1 sentence2024Id. at 320-21 . | 1 | 2024–2024 |
State of New Jersey v. Charles Puryear
green
1 sentence2021However, a reconsideration motion "is not to be granted lightly and the grounds for reconsideration are generally limited." Puryear, 441 N.J. | 1 | 2021–2021 |
State v. Goldberg
green
1 sentence2017Super. 255, 270 (App. Div. 1986) (recognizing that "the psychologist-patient privilege affords even greater confidentiality than the physician-patient privilege"), certif. denied, 107 N.J. 118 (1987). 16 A-2739-13T2 on an explicit exception to a privilege, and he has failed to justify piercing these privileges. | 1 | 2017–2017 |
A.T., an Infant by Her Mother and Natural Guardian
green
2 sentences2017Id. at 309 , 137 A.3d 1218 . 2017Id. at 309 , 137 A.3d 1218 . | 1 | 2017–2017 |
Levey v. Yamaha Motor Corp.
green
2 sentences2007Id. at 316 , 825 A. 2d 554 . 2007Id. at 316 , 825 A. 2d 554 . | 1 | 2007–2007 |
State v. Marrero
green
2 sentences2004An explicit instruction that the jury should not make any inferences about defendant’s propensity to commit crimes is “an essential point to be made in the limiting instruction.” Marrero, supra, 148 N.J. at 496 , 691 A.2d 293 . 2004An explicit instruction that the jury should not make any inferences about defendant’s propensity to commit crimes is “an essential point to be made in the limiting instruction.” Marrero, supra, 148 N.J. at 496 , 691 A.2d 293 . | 1 | 2004–2004 |
State v. Marshall
green
2 sentences2004He claims that the instruction violated his right to have the penalty-phase jury informed of “its duty to deliberate anew concerning any facts established by the verdict in the guilt-phase determination that *633 the State relies on to prove an aggravating factor.” State v. Marshall, 123 N.J. 1, 139 , 586 A.2d 85 (1991) (Marshall I), cert. denied, 507 U.S. 929 , 113 S.Ct. 1306 , 122 L.Ed.2d 694 (1993). 2004He claims that the instruction violated his right to have the penalty-phase jury informed of “its duty to deliberate anew concerning any facts established by the verdict in the guilt-phase determination that *633 the State relies on to prove an aggravating factor.” State v. Marshall, 123 N.J. 1, 139 , 586 A.2d 85 (1991) (Marshall I), cert. denied, 507 U.S. 929 , 113 S.Ct. 1306 , 122 L.Ed.2d 694 (1993). | 1 | 2004–2004 |
Sitton v. United States
green
1 sentence2004He claims that the instruction violated his right to have the penalty-phase jury informed of “its duty to deliberate anew concerning any facts established by the verdict in the guilt-phase determination that *633 the State relies on to prove an aggravating factor.” State v. Marshall, 123 N.J. 1, 139 , 586 A.2d 85 (1991) (Marshall I), cert. denied, 507 U.S. 929 , 113 S.Ct. 1306 , 122 L.Ed.2d 694 (1993). | 1 | 2004–2004 |
Provost v. Minnesota
green
1 sentence2004He claims that the instruction violated his right to have the penalty-phase jury informed of “its duty to deliberate anew concerning any facts established by the verdict in the guilt-phase determination that *633 the State relies on to prove an aggravating factor.” State v. Marshall, 123 N.J. 1, 139 , 586 A.2d 85 (1991) (Marshall I), cert. denied, 507 U.S. 929 , 113 S.Ct. 1306 , 122 L.Ed.2d 694 (1993). | 1 | 2004–2004 |
United States v. W. R. Walters, United States of America v. Two Hundred Sixty-Two Firearms
green
1 sentence2003The Sixth Circuit's reasons for prospective application were (1) the "rules of procedure should promote, not defeat the ends of justice," (2) the government had a "plausible" argument that the statute's lack of an explicit requirement for objections made their filing optional, and (3) "our rule was not invariably anticipated." Id. at 950 . | 1 | 2003–2003 |
Will Stone v. City And County Of San Francisco
green
1 sentence2003As for whether Fed.R.Civ.P. 53(e)(2) prohibits appeals for failure to object to a magistrate's report, Muirfield does not cite any cases, and we find only one on point, Stone v. City of San Francisco, 968 F. 2d 850 (9th Cir.1992), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1050 , 122 L.Ed. 2d 358 (1993). | 1 | 2003–2003 |
Charles E. Stoner, Jr. v. Dewey Sowders, Warden
green
1 sentence2003The Constitution does not allow us to so water down the explicit requirement of live testimony in criminal cases. [ Id. at 213 .] The use of deposition testimony in criminal cases is highly disfavored, mainly because such use tends to diminish a defendant's Sixth Amendment confrontation rights. | 1 | 2003–2003 |
Moore v. Gwinnett County
green
1 sentence2003As for whether Fed.R.Civ.P. 53(e)(2) prohibits appeals for failure to object to a magistrate's report, Muirfield does not cite any cases, and we find only one on point, Stone v. City of San Francisco, 968 F. 2d 850 (9th Cir.1992), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1050 , 122 L.Ed. 2d 358 (1993). | 1 | 2003–2003 |
City & County of San Francisco v. Stone
green
1 sentence2003As for whether Fed.R.Civ.P. 53(e)(2) prohibits appeals for failure to object to a magistrate's report, Muirfield does not cite any cases, and we find only one on point, Stone v. City of San Francisco, 968 F. 2d 850 (9th Cir.1992), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1050 , 122 L.Ed. 2d 358 (1993). | 1 | 2003–2003 |
McCoy v. Seaward Marine Services, Inc.
green
1 sentence2003As for whether Fed.R.Civ.P. 53(e)(2) prohibits appeals for failure to object to a magistrate's report, Muirfield does not cite any cases, and we find only one on point, Stone v. City of San Francisco, 968 F. 2d 850 (9th Cir.1992), cert. denied, 506 U.S. 1081 , 113 S.Ct. 1050 , 122 L.Ed. 2d 358 (1993). | 1 | 2003–2003 |
Sokaogon Gaming Enterprise Corporation and Sokaogon Chippewa Community v. Tushie-Montgomery Associates, Incorporated
green
1 sentence1999The Seventh Circuit also found an explicit waiver of immunity in Sokaogon Gaming Enterprise Corp. v. Tushie-Montgomery Associates, Inc., 86 F. 3d 656 (7th Cir.1996). | 1 | 1999–1999 |
In re Cooperman
green
2 sentences1994Minimum fee arrangements and *274 general retainers that provide for fees, not laden with the nonrefundability impediment irrespective of any services, will continue to be valid and not subject in and of themselves to professional discipline. [ Id. at 476 , 611 N.Y.S. 2d at 470 , 633 N.E. 2d at 1074 (emphasis added).] This explicit exception came after, and most likely as a result of, Brickman & Cunningham's footnote in their law review article stating that there was confusion among critics of the Appellate Division's opinion in Matter of Cooperman, 187 A.D. 2d 56 , 591 N.Y.S. 2d 855 (1993), b 1994Minimum fee arrangements and *274 general retainers that provide for fees, not laden with the nonrefundability impediment irrespective of any services, will continue to be valid and not subject in and of themselves to professional discipline. [ Id. at 476 , 611 N.Y.S. 2d at 470 , 633 N.E. 2d at 1074 (emphasis added).] This explicit exception came after, and most likely as a result of, Brickman & Cunningham's footnote in their law review article stating that there was confusion among critics of the Appellate Division's opinion in Matter of Cooperman, 187 A.D. 2d 56 , 591 N.Y.S. 2d 855 (1993), b | 1 | 1994–1994 |
| People v. Simmons green | 1 | 1990–1990 |
| People v. Longwith green | 1 | 1990–1990 |
| Smith v. United States green | 1 | 1990–1990 |
| Janoe v. United States green | 1 | 1990–1990 |
| Mirrione v. Anderson green | 1 | 1990–1990 |
| Torres-Arboledo v. State green | 1 | 1990–1990 |
| State v. Albright green | 1 | 1990–1990 |
| United States v. Scott Brian Janoe green | 1 | 1990–1990 |
| Daniel Ortega v. Michael O'leary, Warden green | 1 | 1990–1990 |
| Watts v. United States green | 1 | 1990–1990 |
| Baun v. Civiletti green | 1 | 1990–1990 |
| Thompson v. United States green | 1 | 1990–1990 |
| Safir v. Interstate Commerce Commission green | 1 | 1990–1990 |
| Ortega v. O'Leary green | 1 | 1990–1990 |
| Mitchell v. Thornburgh green | 1 | 1990–1990 |
| State v. Champa green | 1 | 1986–1986 |
| cluster 287078 green | 1 | 1986–1986 |
| United States v. John William Simpson, AKA Brother John Simpson green | 1 | 1986–1986 |
| State v. Andreano green | 1 | 1975–1975 |
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.