20 New Jersey opinions name it 2 courts 1983–2025 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.
| Case | Followed | Cited |
|---|---|---|
Cesare v. Cesaregreen2 sentences2024A. We defer to a trial court’s factual findings “when supported by adequate, substantial, credible evidence.” Cesare, 154 N.J. at 411-12 (1998). 2024A. We defer to a trial court’s factual findings “when supported by adequate, substantial, credible evidence.” Cesare, 154 N.J. at 411-12 (1998). | 3 | 3 |
Idaho v. Wrightgreen2 sentences2025In Wright, the United States Supreme Court provided a list of factors to be considered by a trial judge in making such a determination. 497 U.S. at 821-22 . 2025The non-exhaustive list includes "spontaneity, consistency of repetition, lack of motive to fabricate, the mental state of the declarant, use of terminology unexpected of a child of a similar age, [the] interrogation and manipulation by adults." D.G., 157 N.J. at 125 (citing Wright, 497 U.S. at 821-22, 827 ). | 1 | 1 |
State v. Yarboughred1 sentence2020The New Jersey Supreme Court has provided a list of factors that should be considered by the sentencing court when determining if the sentences should be consecutive, including whether: (a) the crimes and their objectives were predominantly independent of each other; (b) the crimes involved separate acts of violence or threats of violence; (c) the crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior; (d) any of the crimes involved multiple victims; A-4456-17T4 19 (e) the convict | 1 | 1 |
Kiken v. Kikengreen1 sentence2019Kiken v. Kiken, 149 N.J. 441, 449-50 (1997). | 1 | 1 |
State v. K.S.green2 sentences2017See K.S., supra, 220 N.J. at 198 . 5 A-4896-14T3 As in State v. Caliguiri, 158 N.J. 28 (1999), such a one- sided evaluation of the PTI application warrants a remand: The school zone statute creates the presumption against PTI, and cannot also provide the reason Caliguiri fails to overcome that presumption. 2017See K.S., supra, 220 N.J. at 198 . 5 A-4896-14T3 As in State v. Caliguiri, 158 N.J. 28 (1999), such a one- sided evaluation of the PTI application warrants a remand: The school zone statute creates the presumption against PTI, and cannot also provide the reason Caliguiri fails to overcome that presumption. | 1 | 1 |
State v. Caliguirigreen1 sentence2017See K.S., supra, 220 N.J. at 198 . 5 A-4896-14T3 As in State v. Caliguiri, 158 N.J. 28 (1999), such a one- sided evaluation of the PTI application warrants a remand: The school zone statute creates the presumption against PTI, and cannot also provide the reason Caliguiri fails to overcome that presumption. | 1 | 1 |
State v. RTgreen2 sentences2016Id. at 510, 16 A.3d 365 . 2016Id. at 510, 16 A.3d 365 . | 1 | 1 |
State v. Coopergreen2 sentences2009Reviewing the list of factors that the jury considered, the judge noted the FAS evidence seemed to fit within the third mitigating factor found by two members of the jury, "that drinking by his mother during pregnancy had contributed to defendant's physical and developmental disabilities." Id. at 346, 700 A. 2d 306 . 2009Reviewing the list of factors that the jury considered, the judge noted the FAS evidence seemed to fit within the third mitigating factor found by two members of the jury, "that drinking by his mother during pregnancy had contributed to defendant's physical and developmental disabilities." Id. at 346, 700 A. 2d 306 . | 1 | 1 |
Terry v. Terrygreen2 sentences1998See Terry, supra, 270 N.J. 1998See Terry, supra, 270 N.J.Super. at 119 , 636 A.2d 579 (holding in custody proceeding the court “must reference the pertinent statutory criteria with some specificity”). | 1 | 1 |
Trimble v. Stategreen2 sentences1992See Trimble v. State, 300 Md. 387 , 478 A. 2d 1143, 1167 (1984) ("We see no bright line by which this Court can say when death shall be imposed. 1992See Trimble v. State, 300 Md. 387 , 478 A. 2d 1143, 1167 (1984) ("We see no bright line by which this Court can say when death shall be imposed. | 1 | 1 |
cluster 386072green1 sentence1983N.J.S.A. 24:21-46, second paragraph, g. 9 Also in reliance on this District Court decision, the Legislature added a severability clause and eliminated from the list of factors which can be considered in determining whether an item is drug paraphernalia, the reference to whether the person in control of the object “is a legitimate supplier of like or related items to the community.” 10 As indicated above, we differ with Parma in this regard only to the extent of confining the question of defendant’s intent to the elements of the crime, as distinguished from literally following the Model Act, wh | 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 |
|---|---|---|
Baures v. Lewis
green
2 sentences2017Id. at 116—17. *325 In Baures , the Court displaced the burden, imposed under Holder on the parent seeking relocation, to demonstrate that the move would not adversely affect the visitation rights of the noncustodial parent. 2017Id. at 116-17 . | 2 | 2017–2017 |
State v. DG
green
1 sentence2025The non-exhaustive list includes "spontaneity, consistency of repetition, lack of motive to fabricate, the mental state of the declarant, use of terminology unexpected of a child of a similar age, [the] interrogation and manipulation by adults." D.G., 157 N.J. at 125 (citing Wright, 497 U.S. at 821-22, 827 ). | 1 | 2025–2025 |
Philadelphia Newspapers, Inc. v. Board of Review
green
1 sentence2021Ibid. | 1 | 2021–2021 |
Jev v. Kv
green
1 sentence2021One of those required subject matters is "the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision." Ibid. | 1 | 2021–2021 |
New Jersey Division of Youth & Family Services v. L.L.
green
1 sentence2020L.L., 201 N.J. at 228 . | 1 | 2020–2020 |
Newburgh v. Arrigo
green
2 sentences2013While the Supreme Court case of Newburgh v. Arrigo, 88 N.J. 529 [ 443 A.2d 1031 ] (1982) sets forth a list of factors for a court to consider on the issue of college contribution, a case may present additional equitable factors for consideration as well. 2013While the Supreme Court case of Newburgh v. Arrigo, 88 N.J. 529 [ 443 A.2d 1031 ] (1982) sets forth a list of factors for a court to consider on the issue of college contribution, a case may present additional equitable factors for consideration as well. | 1 | 2013–2013 |
State v. Peace
green
2 sentences2008These factors include the following: (a) whether the applicant is a commercial bondsman; (b) the bondsman’s supervision, if any, of defendant during the time of his release; (c) the bondsman’s efforts to insure the return of the fugitive; (d) the time elapsed between the date ordered for the appearance of defendant and his return to court; (e) the prejudice, if any, to the State because of the absence of defendant; (f) the expenses incurred by the State by reason of the default in appearance, the recapture of the fugitive and the enforcement of the forfeiture; [and] (g) whether reimbursement o 2008These factors include the following: (a) whether the applicant is a commercial bondsman; (b) the bondsman’s supervision, if any, of defendant during the time of his release; (c) the bondsman’s efforts to insure the return of the fugitive; (d) the time elapsed between the date ordered for the appearance of defendant and his return to court; (e) the prejudice, if any, to the State because of the absence of defendant; (f) the expenses incurred by the State by reason of the default in appearance, the recapture of the fugitive and the enforcement of the forfeiture; [and] (g) whether reimbursement o | 1 | 2008–2008 |
State v. Hyers
green
2 sentences2008In Hyers, supra, an appellate panel delineated a list of factors that the trial court should consider before granting or denying remission. 122 N.J.Super. at 180 , 299 A.2d 748 . 2008In Hyers, supra, an appellate panel delineated a list of factors that the trial court should consider before granting or denying remission. 122 N.J.Super. at 180 , 299 A.2d 748 . | 1 | 2008–2008 |
State v. Cameron
green
2 sentences1994Id. at 56 , 514 A. 2d 1302 . 1994Id. at 56 , 514 A. 2d 1302 . | 1 | 1994–1994 |
Record Revolution No. 6 v. City of Parma, Ohio
green
1 sentence1983N.J.S.A. 24:21-46, second paragraph, g. 9 Also in reliance on this District Court decision, the Legislature added a severability clause and eliminated from the list of factors which can be considered in determining whether an item is drug paraphernalia, the reference to whether the person in control of the object “is a legitimate supplier of like or related items to the community.” 10 As indicated above, we differ with Parma in this regard only to the extent of confining the question of defendant’s intent to the elements of the crime, as distinguished from literally following the Model Act, wh | 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.