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18 New Jersey opinions name it 2 courts 2012–2024 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.
| Case | Followed | Cited |
|---|---|---|
State v. Smithgreen2 sentences2024In reviewing a claim of prosecutorial misconduct, we consider whether: defense counsel raised "timely and proper objections"; "the offending remarks 'were withdrawn promptly'"; "the trial court struck the remarks and provided appropriate instructions to the jury"; and "the offending remarks were prompted by comments in the summation of defense counsel." State v. Smith, 212 N.J. 365, 403-04 (2012) (quoting Frost, 158 N.J. at 76 ). 2022See Smith, 212 N.J. at 404 (explaining that in reviewing the trial record to determine whether a prosecutor's comments in summation exceeded what was permissible, "an appellate court will consider whether the offending remarks were prompted by comments in the summation of defense counsel"). | 15 | 15 |
State v. RBgreen2 sentences2024"Generally, if no objection was made to the improper remarks, the remarks will not be deemed prejudicial." R.B., 183 N.J. at 333. 2020"Generally, if no objection was made to the improper remarks, the remarks will not be deemed prejudicial." State v. R.B., 183 N.J. 308, 333 (2005) (citation omitted). | 4 | 6 |
State v. Frostgreen2 sentences2024In reviewing a claim of prosecutorial misconduct, we consider whether: defense counsel raised "timely and proper objections"; "the offending remarks 'were withdrawn promptly'"; "the trial court struck the remarks and provided appropriate instructions to the jury"; and "the offending remarks were prompted by comments in the summation of defense counsel." State v. Smith, 212 N.J. 365, 403-04 (2012) (quoting Frost, 158 N.J. at 76 ). 2019In reviewing a claim of prosecutorial misconduct, we consider: "whether 'timely and proper objections' were raised[;] whether the offending remarks 'were withdrawn promptly[;]' and whether the trial court struck the remarks and provided appropriate instructions to the jury, . . . [and] whether the offending remarks were prompted by comments in the summation of defense counsel." State v. Smith, 212 N.J. 365, 403-04 (2012) (citation omitted) (quoting State v. Frost, 158 N.J. 76, 83 (1999)). | 2 | 3 |
State v. Timmendequasgreen1 sentence2021"In determining whether the prosecutor's comments were sufficiently egregious to deny defendant a fair trial," an overall assessment is made of "the tenor of the trial and the responsiveness of counsel and the court to the A-4682-18 15 improprieties when they occurred." State v. Timmendequas, 161 N.J. 515, 575 (1999). | 1 | 1 |
State v. Ramseurgreen1 sentence2020A prosecutor plays two unique roles, having "to represent vigorously the [S]tate's interest in law enforcement and at the same time help assure that the accused is treated fairly and that justice is done . . . ." State v. Mahoney, 188 N.J. 359, 376 (2006) (quoting State v. Ramseur, 106 N.J. 123, 323-24 (1987)). | 1 | 1 |
State v. Mahoneygreen1 sentence2020A prosecutor plays two unique roles, having "to represent vigorously the [S]tate's interest in law enforcement and at the same time help assure that the accused is treated fairly and that justice is done . . . ." State v. Mahoney, 188 N.J. 359, 376 (2006) (quoting State v. Ramseur, 106 N.J. 123, 323-24 (1987)). | 1 | 1 |
State v. Cartergreen1 sentence2018Ultimately, "it was for the jury to decide whether to draw the inferences the prosecutor urged." R.B., 183 N.J. at 330 (quoting State v. Carter, 91 N.J. 86, 125 (1982)). | 1 | 1 |
State v. McGuiregreen1 sentence2017"A prosecutor's otherwise prejudicial arguments may be deemed harmless if made in response to defense arguments." State v. McGuire, 419 N.J. | 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 |
|---|---|---|
Lewis v. Suthers
green
1 sentence2017In our review of the prosecutor's comments, the factors to be considered include: "whether 'timely and proper objections' were raised; whether the offending remarks 'were withdrawn promptly'; . . . whether the trial court struck the remarks and provided appropriate instructions to the jury . . . [and] whether the offending remarks were prompted by comments in the summation of defense counsel." State v. Smith, 212 N.J. 365, 403-04 (2012) (citations omitted), cert. denied, ___ U.S. ___, 133 S. Ct. 1504 , 185 L. | 1 | 2017–2017 |
State v. Williams
green
2 sentences2012State v. R.B., 183 N.J. 308, 329-30 , 873 A.2d 511 (2005); State v. Wilson, 128 N.J. 233, 241-42 , 607 A.2d 1289 (1992); State v. Williams, 317 N.J.Super. 149 , 721 A.2d 718 (App.Div.1998), certif. denied, 157 N.J. 647 , 725 A.2d 1128 (1999). 2012State v. R.B., 183 N.J. 308, 329-30 , 873 A.2d 511 (2005); State v. Wilson, 128 N.J. 233, 241-42 , 607 A.2d 1289 (1992); State v. Williams, 317 N.J.Super. 149 , 721 A.2d 718 (App.Div.1998), certif. denied, 157 N.J. 647 , 725 A.2d 1128 (1999). | 1 | 2012–2012 |
State v. Wilson
green
2 sentences2012State v. R.B., 183 N.J. 308, 329-30 , 873 A.2d 511 (2005); State v. Wilson, 128 N.J. 233, 241-42 , 607 A.2d 1289 (1992); State v. Williams, 317 N.J.Super. 149 , 721 A.2d 718 (App.Div.1998), certif. denied, 157 N.J. 647 , 725 A.2d 1128 (1999). 2012State v. R.B., 183 N.J. 308, 329-30 , 873 A.2d 511 (2005); State v. Wilson, 128 N.J. 233, 241-42 , 607 A.2d 1289 (1992); State v. Williams, 317 N.J.Super. 149 , 721 A.2d 718 (App.Div.1998), certif. denied, 157 N.J. 647 , 725 A.2d 1128 (1999). | 1 | 2012–2012 |
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.