mandatory joinder rule (New Jersey) · Go Syfert
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mandatory joinder rule in New Jersey

20 New Jersey opinions name it 2 courts 1981–2020 0 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. Antierigreen
njsuperctappdiv · 1981 · cited in 2 New Jersey opinions naming this issue, 2002–2020
2 sentences

2020"The mandatory joinder rule deals with offenses, not indictments." State v. Antieri, 180 N.J.

2020"The mandatory joinder rule deals with offenses, not indictments." State v. Antieri, 180 N.J.

22
State v. Gregorygreen
nj · 1975 · cited in 8 New Jersey opinions naming this issue, 1981–2018
2 sentences

2018In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant. [ N.J.S.A. 2C:1-9(c) (emphasis added).] Here, there is no dispute that defendant's April 2015 guilty plea in Monmouth County, which was followed in June 2015 by his sentencing and the entry of judgment, comprises an eligible "conviction" for purposes of the mandatory joinder analysis. *59 *722 These mandatory joinder provisions derive from the Supreme Court's opinion in State v. Gregory , 66 N.J. 510 , 333 A.2d 257 (1975), one of the main cases cited in the parties' briefs in this appea

2018In the latter two cases failure to enter judgment must be for a reason other than a motion of the defendant. [ N.J.S.A. 2C:1-9(c) (emphasis added).] Here, there is no dispute that defendant's April 2015 guilty plea in Monmouth County, which was followed in June 2015 by his sentencing and the entry of judgment, comprises an eligible "conviction" for purposes of the mandatory joinder analysis. *59 *722 These mandatory joinder provisions derive from the Supreme Court's opinion in State v. Gregory , 66 N.J. 510 , 333 A.2d 257 (1975), one of the main cases cited in the parties' briefs in this appea

18
State v. Williamsgreen
nj · 2002 · cited in 5 New Jersey opinions naming this issue, 2015–2019
2 sentences

2019Williams, 172 N.J. at 371 .

2018Id. at 366 , 799 A.2d 470 .

15
State v. Yoskowitzgreen
nj · 1989 · cited in 5 New Jersey opinions naming this issue, 1990–2019
2 sentences

2015In State v. Yoskowitz, 116 N.J. 679 (1989), the Court identified the four criteria a defendant must satisfy in order to invoke the mandatory joinder rule: "(1) the multiple offenses are criminal; (2) the offenses are based on the same conduct or arose from the same episode; (3) the appropriate prosecuting officer knew of the offenses at the time the first trial commenced; and (4) the offenses were within the jurisdiction and venue of a single court." Id. at 701 .

2015In State v. Yoskowitz, 116 N.J. 679 (1989), the Court identified the four criteria a defendant must satisfy in order to invoke the mandatory joinder rule: "(1) the multiple offenses are criminal; (2) the offenses are based on the same conduct or arose from the same episode; (3) the appropriate prosecuting officer knew of the offenses at the time the first trial commenced; and (4) the offenses were within the jurisdiction and venue of a single court." Id. at 701 .

15
Cogdell v. Hospital Center at Orangegreen
nj · 1989 · cited in 3 New Jersey opinions naming this issue, 1993–1995
2 sentences

1993Thus, a rule that can control litigational extravagance and reduce piecemeal litigation is a necessity. [ Cogdell, supra, 116 N.J. at 23-24 , 560 A. 2d 1169 (footnotes omitted)]. *624 The Court, in its analysis of the development of the entire controversy doctrine, reasoned that "the doctrine has continually evolved through the common-law so that it currently encompasses a mandatory joinder rule for joinder of virtually all causes, claims and defenses relating to a controversy between the parties engaged in litigation." [ Id. at 25 , 560 A. 2d 1169 ].

1993Thus, a rule that can control litigational extravagance and reduce piecemeal litigation is a necessity. [ Cogdell, supra, 116 N.J. at 23-24 , 560 A. 2d 1169 (footnotes omitted)]. *624 The Court, in its analysis of the development of the entire controversy doctrine, reasoned that "the doctrine has continually evolved through the common-law so that it currently encompasses a mandatory joinder rule for joinder of virtually all causes, claims and defenses relating to a controversy between the parties engaged in litigation." [ Id. at 25 , 560 A. 2d 1169 ].

13
State v. Antierigreen
njsuperctappdiv · 1982 · cited in 2 New Jersey opinions naming this issue, 2002–2020
2 sentences

2020Super. 267, 272 (Law Div. 1981), aff'd, 186 N.J.

2002See State v. Antieri, 180 N.J.Super. 267, 271 , 434 A.2d 668 (Law Div.1981), aff'd, 186 N.J.Super. 20 , 451 A.2d 189 (App.Div.), certif. denied, 91 N.J. 546 , 453 A.2d 864 (1982) (explaining that commencement, as opposed to completion of trial on first indictment, is sufficient to invoke mandatory joinder rule).

12
State v. Antierigreen
nj · 1982 · cited in 1 New Jersey opinions naming this issue, 2002–2002
1 sentence

2002See State v. Antieri, 180 N.J.Super. 267, 271 , 434 A.2d 668 (Law Div.1981), aff'd, 186 N.J.Super. 20 , 451 A.2d 189 (App.Div.), certif. denied, 91 N.J. 546 , 453 A.2d 864 (1982) (explaining that commencement, as opposed to completion of trial on first indictment, is sufficient to invoke mandatory joinder rule).

11
Hunt v. City of Trentongreen
nj · 1982 · cited in 1 New Jersey opinions naming this issue, 2002–2002
1 sentence

2002See State v. Antieri, 180 N.J.Super. 267, 271 , 434 A.2d 668 (Law Div.1981), aff'd, 186 N.J.Super. 20 , 451 A.2d 189 (App.Div.), certif. denied, 91 N.J. 546 , 453 A.2d 864 (1982) (explaining that commencement, as opposed to completion of trial on first indictment, is sufficient to invoke mandatory joinder rule).

11
Peter Petrocelli v. Daniel Woodhead Co.green
ca3 · 1993 · cited in 1 New Jersey opinions naming this issue, 1995–1995
1 sentence

1995Cogdell, supra, 116 N.J. at 27-28, 560 A.2d 1169 ; Petrocelli v. Daniel Woodhead Co., 993 F.2d 27, 31 (3d Cir.1993) (entire controversy doctrine does not require that all claims and parties culminate in one litigation; rather all claims and parties must initially be joined together for the court, which can then determine how to proceed with various claims and parties).

11
State v. Pillotgreen
nj · 1989 · cited in 1 New Jersey opinions naming this issue, 1990–1990
2 sentences

1990See State v. Yoskowitz, 116 N.J. 679, 704-707 , 563 A. 2d 1 (1989) and State v. Pillot, 115 N.J. 558, 567 , 560 A. 2d 634 (1989).

1990See State v. Yoskowitz, 116 N.J. 679, 704-707 , 563 A. 2d 1 (1989) and State v. Pillot, 115 N.J. 558, 567 , 560 A. 2d 634 (1989).

11
State v. Yoskowitzgreen
njsuperctappdiv · 1988 · cited in 1 New Jersey opinions naming this issue, 1989–1989
2 sentences

1989The Appellate Division reasoned that the facts do not fit squarely within either a double jeopardy or a mandatory joinder rule analysis, ... [but] that the law enforcement authorities’ failure to handle the municipal charges in one prosecution was contrary to the principles of fundamental fairness and reasonable expectations which are the underpinnings of both double jeopardy and the mandatory joinder rule. [ 224 N.J.Super. 375, 381 (1988).] The court found “the impingement on these principles * * * so significant and presently incapable of remedy” that it felt “constrained to dismiss Yoskowit

1989The Appellate Division reasoned that the facts do not fit squarely within either a double jeopardy or a mandatory joinder rule analysis, ... [but] that the law enforcement authorities' failure to handle the municipal charges in one prosecution was contrary to the principles of fundamental fairness and reasonable expectations which are the underpinnings of both double jeopardy and the mandatory joinder rule. [ 224 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 (12)

CaseCitedYears
State v. Veney green
njsuperctappdiv · 2009
1 sentence

2015Williams, supra, 172 N.J. at 363 ; Veney, supra, 409 N.J.

12015–2015
State v. Mello green
njsuperctappdiv · 1997
2 sentences

2009State v. Mello, 297 N.J.Super. 452, 464 , 688 A. 2d 622 (App.Div.1997); Cannel, New Jersey Criminal Code Annotated, comment 11 on N.J.S.A. 2C:1-8 (2009).

2009State v. Mello, 297 N.J.Super. 452, 464 , 688 A. 2d 622 (App.Div.1997); Cannel, New Jersey Criminal Code Annotated, comment 11 on N.J.S.A. 2C:1-8 (2009).

12009–2009
State v. Ragland green
nj · 1986
2 sentences

2009We do not find any evidence of bad faith on the part of the State in dismissing Counts One and Two, and proceeding to trial on Count Three against defendant. [4] There is no support for the argument that the State attempted to circumvent the fundamental fairness principles established in State v. Ragland, 105 N.J. 189 , 519 A. 2d 1361 (1986). [5] See State v. Brown, 362 N.J.Super. 62, 69 , 826 A. 2d 813 (App.Div. 2003) (criticizing the State's administrative dismissal of the charge of unlawful possession of a weapon and proceeding to trial on the charge of possession of a weapon by a convicted

2009We do not find any evidence of bad faith on the part of the State in dismissing Counts One and Two, and proceeding to trial on Count Three against defendant. [4] There is no support for the argument that the State attempted to circumvent the fundamental fairness principles established in State v. Ragland, 105 N.J. 189 , 519 A. 2d 1361 (1986). [5] See State v. Brown, 362 N.J.Super. 62, 69 , 826 A. 2d 813 (App.Div. 2003) (criticizing the State's administrative dismissal of the charge of unlawful possession of a weapon and proceeding to trial on the charge of possession of a weapon by a convicted

12009–2009
State v. Brown green
nj · 2004
2 sentences

2009We do not find any evidence of bad faith on the part of the State in dismissing Counts One and Two, and proceeding to trial on Count Three against defendant. [4] There is no support for the argument that the State attempted to circumvent the fundamental fairness principles established in State v. Ragland, 105 N.J. 189 , 519 A. 2d 1361 (1986). [5] See State v. Brown, 362 N.J.Super. 62, 69 , 826 A. 2d 813 (App.Div. 2003) (criticizing the State's administrative dismissal of the charge of unlawful possession of a weapon and proceeding to trial on the charge of possession of a weapon by a convicted

2009We do not find any evidence of bad faith on the part of the State in dismissing Counts One and Two, and proceeding to trial on Count Three against defendant. [4] There is no support for the argument that the State attempted to circumvent the fundamental fairness principles established in State v. Ragland, 105 N.J. 189 , 519 A. 2d 1361 (1986). [5] See State v. Brown, 362 N.J.Super. 62, 69 , 826 A. 2d 813 (App.Div. 2003) (criticizing the State's administrative dismissal of the charge of unlawful possession of a weapon and proceeding to trial on the charge of possession of a weapon by a convicted

12009–2009
State v. Brown neutral
njsuperctappdiv · 2003
2 sentences

2009We do not find any evidence of bad faith on the part of the State in dismissing Counts One and Two, and proceeding to trial on Count Three against defendant. [4] There is no support for the argument that the State attempted to circumvent the fundamental fairness principles established in State v. Ragland, 105 N.J. 189 , 519 A. 2d 1361 (1986). [5] See State v. Brown, 362 N.J.Super. 62, 69 , 826 A. 2d 813 (App.Div. 2003) (criticizing the State's administrative dismissal of the charge of unlawful possession of a weapon and proceeding to trial on the charge of possession of a weapon by a convicted

2009We do not find any evidence of bad faith on the part of the State in dismissing Counts One and Two, and proceeding to trial on Count Three against defendant. [4] There is no support for the argument that the State attempted to circumvent the fundamental fairness principles established in State v. Ragland, 105 N.J. 189 , 519 A. 2d 1361 (1986). [5] See State v. Brown, 362 N.J.Super. 62, 69 , 826 A. 2d 813 (App.Div. 2003) (criticizing the State's administrative dismissal of the charge of unlawful possession of a weapon and proceeding to trial on the charge of possession of a weapon by a convicted

12009–2009
Cafferata v. Peyser green
njsuperctappdiv · 1991
1 sentence

1994Super. 256, 261 , 597 A. 2d 1101 (App.Div. 1991) (holding that a patient's settlement of a prior action brought against him by doctors for payment of a bill did not bar medical malpractice action against doctors). *260 Furthermore, the mandatory joinder rule of Cogdell is also limited when the joinder would result in significant unfairness or jeopardy to a clear presentation of the issues and just result....

11994–1994
Crispin v. Volkswagenwerk, A.G. green
nj · 1984
2 sentences

1994Adopting Justice Handler's concurring opinion in Crispin v. Volkswagenwerk, 96 N.J. 336 , 476 A. 2d 250 (1984), the Cogdell Court addressed this concern: [The limits of the mandatory joinder rule] are reached when the joinder would result in significant unfairness or jeopardy to a clear presentation of the issues and just result.

1994Adopting Justice Handler's concurring opinion in Crispin v. Volkswagenwerk, 96 N.J. 336 , 476 A. 2d 250 (1984), the Cogdell Court addressed this concern: [The limits of the mandatory joinder rule] are reached when the joinder would result in significant unfairness or jeopardy to a clear presentation of the issues and just result.

11994–1994
State v. Nazareth neutral
nj · 1988
2 sentences

1989The Appellate Division reasoned that the facts do not fit squarely within either a double jeopardy or a mandatory joinder rule analysis, ... [but] that the law enforcement authorities’ failure to handle the municipal charges in one prosecution was contrary to the principles of fundamental fairness and reasonable expectations which are the underpinnings of both double jeopardy and the mandatory joinder rule. [ 224 N.J.Super. 375, 381 (1988).] The court found “the impingement on these principles * * * so significant and presently incapable of remedy” that it felt “constrained to dismiss Yoskowit

1989Super. 375, 381 (1988).] The court found "the impingement on these principles * * * so significant and presently incapable of remedy" that it felt "constrained to dismiss Yoskowitz' indictment and to vacate his guilty plea for theft by deception." *689 We granted the State's petition for certification, 111 N.J. 608 (1988), but denied defendant's cross-petition. 111 N.J. 648 (1988).

11989–1989
Decker v. Princeton Packet, Inc. green
nj · 1988
2 sentences

1989The Appellate Division reasoned that the facts do not fit squarely within either a double jeopardy or a mandatory joinder rule analysis, ... [but] that the law enforcement authorities’ failure to handle the municipal charges in one prosecution was contrary to the principles of fundamental fairness and reasonable expectations which are the underpinnings of both double jeopardy and the mandatory joinder rule. [ 224 N.J.Super. 375, 381 (1988).] The court found “the impingement on these principles * * * so significant and presently incapable of remedy” that it felt “constrained to dismiss Yoskowit

1989Super. 375, 381 (1988).] The court found "the impingement on these principles * * * so significant and presently incapable of remedy" that it felt "constrained to dismiss Yoskowitz' indictment and to vacate his guilty plea for theft by deception." *689 We granted the State's petition for certification, 111 N.J. 608 (1988), but denied defendant's cross-petition. 111 N.J. 648 (1988).

11989–1989
State v. Pennsylvania Railroad Co. green
nj · 1952
1 sentence

1989Co., 9 N.J. 194 (1952) survived the passage of the Code, and in which we held that for purposes of a mandatory joinder rule it is "clear that in enacting the Code, the Legislature abandoned *416 the `transaction' test in favor of a test that focuses on the offense").

11989–1989
State v. Lewis green
njsuperctappdiv · 1988
1 sentence

1989In State v. Lewis, 223 N.J.

11989–1989
State v. Warren green
njsuperctappdiv · 1982
1 sentence

1985The difficulties in applying this rule and lack of universal acceptance of a single test to determine whether multiple prosecutions for "the same offense" are precluded under particular circumstances are also analyzed in State v. Warren, 186 N.J.

11985–1985

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:1-8 (6) NJ § N.J. Stat. § 2C:1-9 (4) NJ § N.J. Stat. § 2C:15-1 (4) NJ § N.J. Stat. § 2C:1-10 (3) NJ § N.J. Stat. § 2C:1-6 (3) NJ § N.J. Stat. § 2C:35-5 (3) NJ § N.J. Stat. § 2C:39-4 (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

WA 40 (1983–2022) NJ 20 (1981–2020) IL 4 (1995–2001) TN 4 (2001–2015) WV 3 (1996–2012) CA 3 (2022–2023) CO 3 (2008–2019) PA 3 (1992–2022) UT 2 (2017–2017) NH 2 (2014–2016)

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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