17 New Jersey opinions name it 2 courts 1975–2023 2 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 |
|---|---|---|
Morrissey v. Brewergreen2 sentences2007In considering the procedural rights that were constitutionally mandated in parole revocation matters in Morrissey , the Court held that upon threat of parole revocation, the federal due process clause required that a parolee be given at least "an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee's behavior." 408 U.S. at 484 , 92 S.Ct. at 2602 , 33 L.Ed. 2d at 496 . 2007In considering the procedural rights that were constitutionally mandated in parole revocation matters in Morrissey , the Court held that upon threat of parole revocation, the federal due process clause required that a parolee be given at least "an informal hearing structured to assure that the finding of a parole violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the parolee's behavior." 408 U.S. at 484 , 92 S.Ct. at 2602 , 33 L.Ed. 2d at 496 . | 3 | 5 |
McDonald v. Pinchakgreen2 sentences2021McDonald, 139 N.J. at 196 (second and third alterations in original) (quoting Avant, 67 N.J. at 523 ). 2000The hearing may be informal, but the procedures must determine the factual accuracy of the charges. [ Id. at 194-95, 652 A. 2d 700 .] In discussing the right to confrontation and cross-examination, the Court stated: N.J.A.C. 10A:4-9.14(a) provides that "if requested," the inmate shall be provided the opportunity for confrontation and cross-examination "where the Adjustment Committee or Disciplinary Hearing Officer deems it necessary for an adequate presentation of the evidence, particularly when serious issues of credibility are involved." Subsection (b) of that same provision further provides | 1 | 2 |
State of New Jersey v. Gregory Maurergreen1 sentence2023That said, we remind the parties that A-2038-21 22 "judicial review must always be available to 'check . . . the most egregious examples of injustice and unfairness.'" State v. Maurer, 438 N.J. | 1 | 1 |
In Re I/M/O Route 206 New Amwell Rd.green2 sentences2016Within thirty days of the informal hearing, the Director's written “final agency decision” is required to be issued, in which the Director shall: consider the information presented at the hearing and the recommendation of the hearing officer if designated and the criteria set forth in the Act and these regulations, the lot owner’s right of reasonable access to the general system of streets and highways in the State and the public’s right and interest in a safe and efficient highway system. [N.J.A.C. 16:47 — 4.33(c)7.] [Id. at 356-57, 731 A.2d 56 .] In Hillsborough, the DOT proposed to eliminat 2016Id. at 350 , 731 A.2d 56 . | 1 | 1 |
United States v. Scottgreen2 sentences2002Thus, jeopardy did not attach when an indictment was dismissed for pre-indictment delay, United States v. Scott, 437 U.S. 82, 100 , 98 S.Ct. 2187, 2198 , 57 L.Ed. 2d 65, 80 (1978), or when a juvenile was given a recommendation of innocence at an informal hearing, State in the Interest of A.H., 304 N.J.Super. 34, 43 , 697 A. 2d 964 (Ch. 2002Thus, jeopardy did not attach when an indictment was dismissed for pre-indictment delay, United States v. Scott, 437 U.S. 82, 100 , 98 S.Ct. 2187, 2198 , 57 L.Ed. 2d 65, 80 (1978), or when a juvenile was given a recommendation of innocence at an informal hearing, State in the Interest of A.H., 304 N.J.Super. 34, 43 , 697 A. 2d 964 (Ch. | 1 | 1 |
New Jersey Division of Youth & Family Services v. M.R.green2 sentences1999See New Jersey Div. of Youth & Family Servs. v. M.R., 314 N.J.Super. 390, 397-99 , 715 A. 2d 308 (App.Div.1998). [3] The Central Registry is a centralized data bank containing reports of substantiated findings of child abuse. 1999See New Jersey Div. of Youth & Family Servs. v. M.R., 314 N.J.Super. 390, 397-99 , 715 A. 2d 308 (App.Div.1998). [3] The Central Registry is a centralized data bank containing reports of substantiated findings of child abuse. | 1 | 1 |
Dougherty v. Department of Human Servicesgreen2 sentences1999See Dougherty v. Human Services Dept., 91 N.J. 1, 6 , 449 A. 2d 1235 (1982); Texter v. Human Services Dept., 88 N.J. 376, 383 , 443 A. 2d 178 (1982). 1999See Dougherty v. Human Services Dept., 91 N.J. 1, 6 , 449 A. 2d 1235 (1982); Texter v. Human Services Dept., 88 N.J. 376, 383 , 443 A. 2d 178 (1982). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Peterson v. Petersongreen2 sentences2013But see Peterson, supra, 374 N.J.Super. at 118, 125, 863 A.2d 1059 (holding a defendant was deprived of his constitutional right to due process and a fair trial where an informal hearing was held, in which the trial court asked each party for his or her version of what happened and neither party was asked if he or she wished to conduct cross-examination). 2013But see Peterson, supra, 374 N.J.Super. at 118, 125, 863 A.2d 1059 (holding a defendant was deprived of his constitutional right to due process and a fair trial where an informal hearing was held, in which the trial court asked each party for his or her version of what happened and neither party was asked if he or she wished to conduct cross-examination). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Avant v. Clifford
green
2 sentences2000To protect an inmate's interest, we held that DOC must structure an informal hearing to "`assure that the [disciplinary] finding... will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the ... [inmate's] behavior.'" Id. at 523 , 341 A. 2d 629 (quoting Morrissey v. Brewer, 408 U.S. 471, 485 , 92 S.Ct. 2593, 2601-02 , 33 L.Ed. 2d 484, 496 (1972) (omissions in original)). 2000To protect an inmate's interest, we held that DOC must structure an informal hearing to "`assure that the [disciplinary] finding... will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the ... [inmate's] behavior.'" Id. at 523 , 341 A. 2d 629 (quoting Morrissey v. Brewer, 408 U.S. 471, 485 , 92 S.Ct. 2593, 2601-02 , 33 L.Ed. 2d 484, 496 (1972) (omissions in original)). | 3 | 1995–2021 |
State v. Leonardis
green
2 sentences2010In establishing uniform procedures for an applicant to challenge a prosecutor’s rejection for admission into the PTI program, we declared that a “trial-type proceeding is not necessary,” but that “defendant shall be accorded an informal hearing before the designated judge[.]” State v. Leonardis, 71 N.J. 85,122 , 363 A.2d 321 (1976). 2010In establishing uniform procedures for an applicant to challenge a prosecutor’s rejection for admission into the PTI program, we declared that a “trial-type proceeding is not necessary,” but that “defendant shall be accorded an informal hearing before the designated judge[.]” State v. Leonardis, 71 N.J. 85,122 , 363 A.2d 321 (1976). | 1 | 2010–2010 |
State ex rel. A.H.
neutral
2 sentences2002Thus, jeopardy did not attach when an indictment was dismissed for pre-indictment delay, United States v. Scott, 437 U.S. 82, 100 , 98 S.Ct. 2187, 2198 , 57 L.Ed. 2d 65, 80 (1978), or when a juvenile was given a recommendation of innocence at an informal hearing, State in the Interest of A.H., 304 N.J.Super. 34, 43 , 697 A. 2d 964 (Ch. 2002Thus, jeopardy did not attach when an indictment was dismissed for pre-indictment delay, United States v. Scott, 437 U.S. 82, 100 , 98 S.Ct. 2187, 2198 , 57 L.Ed. 2d 65, 80 (1978), or when a juvenile was given a recommendation of innocence at an informal hearing, State in the Interest of A.H., 304 N.J.Super. 34, 43 , 697 A. 2d 964 (Ch. | 1 | 2002–2002 |
High Horizons Dev. v. Dept. of Transp.
green
2 sentences2001In High Horizons, the Court said that “an agency is never free to act on undisclosed evidence that parties have had no opportunity to rebut.” Id. at 53 , 575 A.2d 1360 . 2001In High Horizons, the Court said that “an agency is never free to act on undisclosed evidence that parties have had no opportunity to rebut.” Id. at 53 , 575 A.2d 1360 . | 1 | 2001–2001 |
Texter v. Department of Human Services
green
2 sentences1999See Dougherty v. Human Services Dept., 91 N.J. 1, 6 , 449 A. 2d 1235 (1982); Texter v. Human Services Dept., 88 N.J. 376, 383 , 443 A. 2d 178 (1982). 1999See Dougherty v. Human Services Dept., 91 N.J. 1, 6 , 449 A. 2d 1235 (1982); Texter v. Human Services Dept., 88 N.J. 376, 383 , 443 A. 2d 178 (1982). | 1 | 1999–1999 |
State in Interest of JJ
green
1 sentence1997In re Gault, supra; In re Winship, supra. Here, however, as in J.J., the informal hearing afforded only a “somewhat minimally restrictive mode of treatment for the situation without any possible exposure to the serious consequence of incarceration.” 132 N.J.Super. at 420 , 334 A.2d 52 . | 1 | 1997–1997 |
State v. Hummel
green
1 sentence1997In re Gault, supra; In re Winship, supra. Here, however, as in J.J., the informal hearing afforded only a “somewhat minimally restrictive mode of treatment for the situation without any possible exposure to the serious consequence of incarceration.” 132 N.J.Super. at 420 , 334 A.2d 52 . | 1 | 1997–1997 |
Nicoletta v. North Jersey District Water Supply Commission
green
1 sentence1985Quoting from Morrissey v. Brewer, 408 US. 471, 489, 92 S.Ct. 2593, 2604 , 33 L.Ed.2d 484 (1972), the Court said: “ ‘the process should be flexible enough to consider evidence including letters, affidavits, and other material that would not be admissible in an adversary criminal trial.’ ” 77 N.J. at 165-166 . | 1 | 1985–1985 |
Donaldson v. Bd. of Ed. of No. Wildwood
green
1 sentence1978Nor was *136 any request made subsequent to April 13 for a statement of reasons for nonretention of any plaintiff or for an informal hearing, both rights available to nontenured teachers whose contracts are not renewed according to Donaldson v. North Wildwood Bd. of Ed., 65 N.J. 236 (1974). | 1 | 1978–1978 |
Polillo v. Deane
green
1 sentence1978Polillo v. Deane, supra , is distinguishable. | 1 | 1978–1978 |
Commercial Cleaning Corp. v. Sullivan
green
1 sentence1976Corp. v. Sullivan, supra, 47 N.J. at 550 . | 1 | 1976–1976 |
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.