implications waiver in New Jersey

17 New Jersey opinions name it 2 courts 1982–2022 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.

Followed or applied (4)

Case	Followed	Cited
State v. Crisafigreen nj · 1992 · cited in 12 New Jersey opinions naming this issue, 1994–2022 2 sentences 2022"Because the '[a]ssistance of counsel is essential to ensuring fairness and due process in criminal prosecutions,' relinquishing one's right to the benefits of representation of counsel can be allowed only when the court is satisfied the defendant understands 'the implications of the waiver [of counsel].'" Outland, 245 N.J. at 505 (alterations in original) (quoting State v. Crisafi, 128 N.J. 499, 509 (1992)). 2021Because the “[a]ssistance of counsel is essential to ensuring fairness and due process in criminal prosecution s,” relinquishing one’s right to the benefits of representation by counsel can be allowed only when the court is satisfied that the defendant understands “the implications of the waiver [of counsel].” State v. Crisafi, 128 N.J. 499, 509, 511 (1992).	9	12
Eddie James Strozier v. Lanson Newsome, Warden, Georgia State Prisongreen ca11 · 1991 · cited in 2 New Jersey opinions naming this issue, 1992–1994 2 sentences 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag 1992*Strozier v. Newsome (Strozier II), 926 F.2d 1100, 1104 (11th Cir.), cert. denied, — US. —, 112 S.Ct. 350 , 116 L.Ed.2d 289 (1991); People v. Sawyer, 57 N.Y.2d 12, 21 , 453 N.Y.S.2d 418, 423 , 438 N.E.2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed.2d 1024 (1983).	2	2
People v. Sawyergreen ny · 1982 · cited in 2 New Jersey opinions naming this issue, 1992–1994 2 sentences 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag	2	2
Johnson v. Zerbstgreen scotus · 1938 · cited in 1 New Jersey opinions naming this issue, 1994–1994 2 sentences 1994Super. at 545 , 571 A. 2d 1314 (quoting Johnson v. Zerbst, 304 U.S. 458, 462-63 , 58 S.Ct. 1019, 1022 , 82 L.Ed. 1461, 1465-66 (1938)). 1994Super. at 545 , 571 A. 2d 1314 (quoting Johnson v. Zerbst, 304 U.S. 458, 462-63 , 58 S.Ct. 1019, 1022 , 82 L.Ed. 1461, 1465-66 (1938)).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (13)

Case	Cited	Years
Barnes v. Washington Natural Gas Co. green washctapp · 1979 2 sentences 2012We agree that “[pjrejudiee in the sense of a judgment or opinion formed before the facts are known is the fountainhead of discrimination engulfing medical disabilities which prove on examination to be unrelated to job performance or to be non-existent.” Barnes v. Washington Natural Gas Co., 22 Wash.App. 576 , 591 P.2d 461 (Ct.App.Wash.1979); accord, Dairy Equip. 2012We agree that “[pjrejudiee in the sense of a judgment or opinion formed before the facts are known is the fountainhead of discrimination engulfing medical disabilities which prove on examination to be unrelated to job performance or to be non-existent.” Barnes v. Washington Natural Gas Co., 22 Wash.App. 576 , 591 P.2d 461 (Ct.App.Wash.1979); accord, Dairy Equip.	2	1982–2012
White v. Thompson green scotus · 1983 2 sentences 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag 1992*Strozier v. Newsome (Strozier II), 926 F.2d 1100, 1104 (11th Cir.), cert. denied, — US. —, 112 S.Ct. 350 , 116 L.Ed.2d 289 (1991); People v. Sawyer, 57 N.Y.2d 12, 21 , 453 N.Y.S.2d 418, 423 , 438 N.E.2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed.2d 1024 (1983).	2	1992–1994
Ray v. United States green scotus · 1983 2 sentences 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag 1992*Strozier v. Newsome (Strozier II), 926 F.2d 1100, 1104 (11th Cir.), cert. denied, — US. —, 112 S.Ct. 350 , 116 L.Ed.2d 289 (1991); People v. Sawyer, 57 N.Y.2d 12, 21 , 453 N.Y.S.2d 418, 423 , 438 N.E.2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed.2d 1024 (1983).	2	1992–1994
John Cuneo, Inc. v. National Labor Relations Board green scotus · 1982 2 sentences 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag 1992*Strozier v. Newsome (Strozier II), 926 F.2d 1100, 1104 (11th Cir.), cert. denied, — US. —, 112 S.Ct. 350 , 116 L.Ed.2d 289 (1991); People v. Sawyer, 57 N.Y.2d 12, 21 , 453 N.Y.S.2d 418, 423 , 438 N.E.2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed.2d 1024 (1983).	2	1992–1994
Culbertson v. United States green scotus · 1991 2 sentences 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag 1992*Strozier v. Newsome (Strozier II), 926 F.2d 1100, 1104 (11th Cir.), cert. denied, — US. —, 112 S.Ct. 350 , 116 L.Ed.2d 289 (1991); People v. Sawyer, 57 N.Y.2d 12, 21 , 453 N.Y.S.2d 418, 423 , 438 N.E.2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed.2d 1024 (1983).	2	1992–1994
State v. Rose green njsuperctappdiv · 2019 1 sentence 2022To determine if a defendant has such an understanding, "the trial court must ascertain, in a so-called 'Faretta hearing,' whether the waiver is indeed knowing, voluntary, and intelligent after a searching inquiry that involves advising the defendant of the risks and pitfalls of self-representation." Rose, 458 N.J.	1	2022–2022
State v. Reddish green nj · 2004 1 sentence 2021Rather, it requires that the trial court inform a defendant asserting the right to self- representation of: (1) the nature of the charges, statutory defenses, and possible range of punishment; (2) the technical problems associated with self-representation and the risks if the defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of evidence; (4) the fact that the lack of knowledge of the law may impair defendant's ability to defend himself or herself; (5) the impact that the dual role of counsel and defendant may have; (6) the reali	1	2021–2021
State v. DuBois green nj · 2007 2 sentences 2021In sum, the colloquy should have "test[ed] the defendant's understanding of the implications of the waiver," not his understanding of substantive law. . . . [Id. at 507-09 (third alteration in original).] "Caselaw makes clear that the goal of the colloquy is not to ascertain whether a defendant possesses technical legal knowledge." Id. at 506 . 2021Rather, it requires that the trial court inform a defendant asserting the right to self- representation of: (1) the nature of the charges, statutory defenses, and possible range of punishment; (2) the technical problems associated with self-representation and the risks if the defense is unsuccessful; (3) the necessity that defendant comply with the rules of criminal procedure and the rules of evidence; (4) the fact that the lack of knowledge of the law may impair defendant's ability to defend himself or herself; (5) the impact that the dual role of counsel and defendant may have; (6) the reali	1	2021–2021
Faretta v. California green scotus · 1975 1 sentence 2020A knowing and intelligent waiver means that the defendant understands the implications of his waiver and that the "choice is made with eyes open." Id. at 592 (citing Faretta, 422 U.S. at 835 ).	1	2020–2020
Nicosia v. Wakefern Food Corp. green nj · 1994 1 sentence 2008Ibid. *583 Nor were we required to address the implications of the doctrine in Cedeno, because that plaintiff was disqualified by statute from any public employment whatsoever.	1	2008–2008
State v. Wiggins green njsuperctappdiv · 1996 2 sentences 1998“The colloquy between the court and the defendant will test the defendant’s understanding of the implications of the waiver, and will provide appellate courts with an objective basis for review.” Crisafi, supra, 128 N.J. at 511 , 608 A.2d 317 . “[A] trial judge must engage in a searching inquiry with the defendant to determine whether his waiver is being made knowingly and voluntarily.” State v. Wiggins, 291 N.J.Super. 441, 451 , 677 A.2d 800 (App.Div.), certif. denied, 146 N.J. 568 , 683 A.2d 1163 (1996). 1998“The colloquy between the court and the defendant will test the defendant’s understanding of the implications of the waiver, and will provide appellate courts with an objective basis for review.” Crisafi, supra, 128 N.J. at 511 , 608 A.2d 317 . “[A] trial judge must engage in a searching inquiry with the defendant to determine whether his waiver is being made knowingly and voluntarily.” State v. Wiggins, 291 N.J.Super. 441, 451 , 677 A.2d 800 (App.Div.), certif. denied, 146 N.J. 568 , 683 A.2d 1163 (1996).	1	1998–1998
Safer v. Estate of Pack green nj · 1996 2 sentences 1998“The colloquy between the court and the defendant will test the defendant’s understanding of the implications of the waiver, and will provide appellate courts with an objective basis for review.” Crisafi, supra, 128 N.J. at 511 , 608 A.2d 317 . “[A] trial judge must engage in a searching inquiry with the defendant to determine whether his waiver is being made knowingly and voluntarily.” State v. Wiggins, 291 N.J.Super. 441, 451 , 677 A.2d 800 (App.Div.), certif. denied, 146 N.J. 568 , 683 A.2d 1163 (1996). 1998Super. 441, 451 , 677 A. 2d 800 (App.Div.), certif. denied, 146 N.J. 568 , 683 A. 2d 1163 (1996).	1	1998–1998
State v. Slattery green njsuperctappdiv · 1990 2 sentences 1994The colloquy envisioned by the Court "will test the defendant's understanding of the implications of the waiver, and will provide [the] appellate [tribunal] with an objective basis for review." Id. at 511, 608 A. 2d 317 (citing Strozier v. Newsome, 926 F. 2d 1100, 1104 (11th Cir.), cert. denied, ___ U.S. ___, 112 S.Ct. 350 , 116 L.Ed. 2d 289 (1991); People v. Sawyer, 57 N.Y. 2d 12, 21 , 453 N.Y.S. 2d 418, 423 , 438 N.E. 2d 1133, 1138 (1982), cert. denied, 459 U.S. 1178 , 103 S.Ct. 830 , 74 L.Ed. 2d 1024 (1983)). 360 These protections recognize the "obvious but important truth that `the averag 1994*Super. at 545 , 571 A. 2d 1314 (quoting Johnson v. Zerbst, 304 U.S. 458, 462-63 , 58 S.Ct. 1019, 1022 , 82 L.Ed. 1461, 1465-66 (1938)).	1	1994–1994

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:39-4 (6) NJ § N.J. Stat. § 2C:12-1 (5) NJ § N.J. Stat. § 2C:39-5 (4) NJ § N.J. Stat. § 2C:43-7.2 (4) NJ § N.J. Stat. § 2C:44-1 (4) NJ § N.J. Stat. § 2C:44-3 (4) NJ § N.J. Stat. § 2C:15-1 (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

NJ 17 (1982–2022) CA 11 (1958–2025) OH 11 (1999–2017) TN 10 (1947–2019) NY 9 (1989–2021) AZ 8 (1983–2024) OR 7 (1981–2024) TX 6 (1991–2020) CT 6 (1986–1997) MA 5 (1957–2017) CO 4 (1986–2003) MN 4 (1985–2015) DC 3 (1993–2020) HI 3 (1992–1998) MO 3 (1977–1985) VA 3 (2022–2023) ID 3 (2016–2025) AR 2 (1986–1998) KY 2 (1950–1965) MI 2 (1979–2016)

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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