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22 New Jersey opinions name it 2 courts 1983–2026 12 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 |
|---|---|---|
State v. AGDgreen2 sentences2026A-3802-23 35 Therefore, under those circumstances, "[w]ithout advising the suspect of his [or her] true status when he [or she] does not otherwise know it, the State cannot sustain its burden to the Court's satisfaction that the suspect has exercised an informed waiver of rights, regardless of other factors that might support his [or her] confession's admission." Ibid. 2026A-3802-23 35 Therefore, under those circumstances, "[w]ithout advising the suspect of his [or her] true status when he [or she] does not otherwise know it, the State cannot sustain its burden to the Court's satisfaction that the suspect has exercised an informed waiver of rights, regardless of other factors that might support his [or her] confession's admission." Ibid. | 2 | 16 |
State v. Vincentygreen2 sentences2026A.G.D. "calls for law enforcement officials to make a simple declaratory statement at the outset of an interrogation that informs a defendant of the essence of the charges filed against him [or her]." State v. Vincenty, 237 N.J. 122, 134 (2019). 2022The Court explained, [w]ithout advising the suspect of his [or her] true status when he [or she] does not otherwise know it, the State cannot sustain its burden to the Court's satisfaction that the suspect has exercised an informed waiver of rights, regardless of other factors that might support [the] confession's admission. [Id. at 68.] In Vincenty, the Court amplified the obligation established in A.G.D. to advise an interrogee of his or her "true status," explaining that police interrogators must "make a simple declaratory statement at the outset of an interrogation that informs a defendant | 2 | 2 |
State v. Nyhammergreen2 sentences2021Without advising the suspect of his true status when he does not otherwise know it, the State cannot sustain its burden to the Court's satisfaction that the suspect has exercised an informed waiver of rights, regardless of other factors that might support his confession's admission. [Id. at 68.] In State v. Nyhammer, the Court further acknowledged the significance of formal charging, explaining, "[t]he issuance of a criminal complaint and arrest warrant by a judge is an objectively verifiable and distinctive step, a bright line, when the forces of the state stand arrayed against the individual 2021Without advising the suspect of his true status when he does not A-2641-17T2 3 otherwise know it, the State cannot sustain its burden to the Court's satisfaction that the suspect has exercised an informed waiver of rights, regardless of other factors that might support his confession's admission. [Id. at 68.] In State v. Nyhammer, the Court further acknowledged the significance of formal charging, explaining, "[t]he issuance of a criminal complaint and arrest warrant by a judge is an objectively verifiable and distinctive step, a bright line, when the forces of the state stand arrayed against | 1 | 5 |
State v. O'NEILLgreen2 sentences2016In State v. O'Neill, 193 N.J. 148, 180 (2007), the Court concluded that "[t]he two-step, 'question-first, warn-later' interrogation is a technique devised to undermine both the efficacy of Miranda and our state law privilege." The Court held that "as a matter of state law, . . . when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination." Id. 2016In State v. O'Neill, 193 N.J. 148, 180 (2007), the Court concluded that "[t]he two-step, 'question-first, warn-later' interrogation is a technique devised to undermine both the efficacy of Miranda and our state law privilege." The Court held that "as a matter of state law, . . . when Miranda warnings are given after a custodial interrogation has already produced incriminating statements, the admissibility of post-warning statements will turn on whether the warnings functioned effectively in providing the defendant the ability to exercise his state law privilege against self-incrimination." Id. | 1 | 1 |
Simms v. Montana Eighteenth Judicial District Courtgreen2 sentences2004Court, 315 Mont. 135 , 68 P. 3d 678, 682-84 (2003) (explaining that to determine whether good cause exists, the court must weigh defendant's request, including "[t]he time, place, manner, conditions and scope of [the] examination" and whether defendant can "obtain the information necessary to an informed defense" by other means, against the state constitutional rights to privacy, safety, health, and happiness). 2004Court, 315 Mont. 135 , 68 P. 3d 678, 682-84 (2003) (explaining that to determine whether good cause exists, the court must weigh defendant's request, including "[t]he time, place, manner, conditions and scope of [the] examination" and whether defendant can "obtain the information necessary to an informed defense" by other means, against the state constitutional rights to privacy, safety, health, and happiness). | 1 | 1 |
Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body Corporategreen1 sentence1987In the case of Canterbury v. Spence, 464 F. 2d 772, 790-791 (D.C. | 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 |
|---|---|---|
Hake v. Manchester Township
green
1 sentence2021In Hake, the Court recognized that "'[s]pecial circumstances' form the basis of most decisions involving a jailer's liability for a prisoner's acts of self - destruction." 98 N.J. at 318 . | 1 | 2021–2021 |
Miranda v. Arizona
green
2 sentences2017Applying A.G.D., the trial judge properly ruled that defendant's responses to the detective's questions could not be 4 Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. 2017Applying A.G.D., the trial judge properly ruled that defendant's responses to the detective's questions could not be 4 Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. | 1 | 2017–2017 |
State v. Martini
green
2 sentences2004Those concerns are that a defendant must be “adequately informed of the alleged elements of the crimes” in order to “mount an informed defense” and that the defendant must not be subject to “prosecution of unfounded charges.” Ibid. 2004Those concerns are that a defendant must be "adequately informed of the alleged elements of the crimes" in order to "mount an informed defense" and that the defendant must not be subject to "prosecution of unfounded charges." Ibid. | 1 | 2004–2004 |
United States ex rel. Urbano v. Yeager
green
1 sentence1983Id. at 777 . | 1 | 1983–1983 |
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.