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17 New Jersey opinions name it 2 courts 1978–2025 3 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. Galiciagreen1 sentence2020We "review [a] trial [judge's] decision not to give [a self-defense] instruction under a plain error standard, in accordance with Rule 2:10-2." State v. Galicia, 210 N.J. 364, 389 (2012). | 1 | 1 |
Pellicer v. St. Barnabas Hospitalgreen1 sentence2020Barnabas Hosp., 200 N.J. 22, 40 (2009). | 1 | 1 |
State v. Martinigreen1 sentence2020We now turn to Spence's argument that the trial judge committed plain error by not sua sponte instructing the jury on self-defense. "'[C]lear and correct jury instructions are essential for a fair trial' because the jury charge 'is a road map to guide the jury, and without an appropriate charge a jury can take a wrong turn in its deliberations.'" State v. Martini, 187 N.J. 469, 477 (2006) (alteration in original) (quoting State v. Koskovich, 168 N.J. 488, 507-08 (2001)). | 1 | 1 |
Chirino v. Proud 2 Haul, Inc.green1 sentence2019We generally "decline to consider questions or issues not properly presented to the trial court when an opportunity for such a presentation is available." Chirino v. Proud 2 Haul, Inc., 458 N.J. | 1 | 1 |
State v. Moraisgreen1 sentence2017We begin by addressing defendant's contention that the judge committed plain error when the judge failed to charge passion/provocation manslaughter as a lesser-included offense of murder. 4 A-2815-14T1 Defense counsel did not object to the jury charge even though defendant had the obligation "to challenge instructions at the time of trial." State v. Morais, 359 N.J. | 1 | 1 |
State v. Sextongreen1 sentence2000Sexton, supra, 311 N.J.Super at 82, 709 A.2d 288 . | 1 | 1 |
State v. Blowgreen1 sentence1984Defendant contends that the judge committed plain error by omitting from his charge an instruction that to constitute a "theft from the person" the property stolen must at the time of the theft be "within the immediate custody and control of the victim." State v. Blow, 132 N.J. | 1 | 1 |
State v. Hainesgreen1 sentence1982The charge complained of tracks a similar charge approved by the Supreme Court in State v. Haines, 18 N.J. 550, 564-565 (1955), and reads as follows: There were some questions asked of the witness Jerome Kostus which he did not answer. | 1 | 1 |
Panko v. Flintkote Co.green1 sentence1978The test is not whether the irregular matter actually influenced the result, but whether it had the capacity of doing so. * * * [ Panko v. Flintkote, 7 N.J. 55, 61 (1951)] *207 Notwithstanding the lack of a motion for a mistrial, we have carefully examined the record for the purpose of determining whether the judge committed plain error, R. 2: 10-2, in not declaring a mistrial. | 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 |
|---|---|---|
State v. Muldrow
neutral
1 sentence2025Battle v. Ricci, No. 08-1613 (3d Cir. July 10, 2008). [State v. Battle, No. A-5747-17 (App. Div. Feb. 20, 2019) (slip op. at 3-4), certif. denied, 238 N.J. 365 (2019).] Defendant then filed a motion to correct an illegal sentence because: (1) he received two extended terms; (2) the sentencing judge erred by double counting aggravating factor nine, N.J.S.A. 2C:44-1(a)(9); and (3) at the sentencing hearing, the judge committed plain error by repeating a quote from A-1364-23 4 President Kennedy's inaugural address, which had been included in a victim's impact statement. | 1 | 2025–2025 |
State v. Robinson
green
1 sentence2022Per Rule 5:5-2(a), a CIS "shall be filed and served in all contested family actions . . . in which there is any issue as to custody, support, alimony or equitable distribution." Additionally, under Rule 5:5-2(c), "[p]arties are under a continuing duty . . . to inform the court of any material changes in the information supplied on the [CIS]." "All amendments to the statement shall be filed . . . no later than [twenty] days before the final hearing." Ibid. | 1 | 2022–2022 |
State v. Hampton
green
1 sentence2022We disagree. 7 In his summation, defense counsel told the jury, "Now the question that we have . . . after hearing the State's case is who downloaded the videos?" 8 State v. Hampton, 61 N.J. 250 (1972). | 1 | 2022–2022 |
State v. Randolph
green
1 sentence2017Hazelwood contends the trial judge committed plain error by failing to instruct the jury on "mere presence." Chandler, relying on State v. Randolph, 441 N.J. | 1 | 2017–2017 |
State v. Amir Randolph(076506) (Hudson County and Statewide)
green
1 sentence2017Super. 533 (App. Div. 2015), aff'd, 228 N.J. 566 (2017), also argues the judge erred by failing to sua sponte add the "mere presence" charge to the instruction on constructive possession; he also claims his trial counsel was 12 A-4812-14T2 ineffective for failing to request the charge until after the trial was completed. | 1 | 2017–2017 |
State v. Dixon
green
2 sentences2006Defendant challenges his conviction for eluding, claiming that “the judge committed plain error in failing to charge an appropriate mental state with respect to that portion of the eluding statute [ ] which raises the offense from third degree to second degree ‘if the flight or attempt to elude creates a risk of death or injury to any person.’ ” The Appellate Division, principally in reliance on State v. Dixon, 346 N.J.Super. 126, 135-36 , 787 A.2d 211 (App.Div. 2001), certif. denied, 172 N.J. 181 , 796 A.2d 898 (2002), rejected defendant’s claim. 2006Defendant challenges his conviction for eluding, claiming that “the judge committed plain error in failing to charge an appropriate mental state with respect to that portion of the eluding statute [ ] which raises the offense from third degree to second degree ‘if the flight or attempt to elude creates a risk of death or injury to any person.’ ” The Appellate Division, principally in reliance on State v. Dixon, 346 N.J.Super. 126, 135-36 , 787 A.2d 211 (App.Div. 2001), certif. denied, 172 N.J. 181 , 796 A.2d 898 (2002), rejected defendant’s claim. | 1 | 2006–2006 |
Bush v. Riker
green
2 sentences2001II When we consider on appeal the Chancery Division’s denial of a trustee’s application to charge its attorneys’ fees against the trust estate, we conduct our review, as did Judge Goldmann in Bush v. Riker, 77 N.J.Super. 243, 248 , 186 A.2d 117 (App.Div.1962), pursuant to the abuse of discretion standard. 2001II When we consider on appeal the Chancery Division’s denial of a trustee’s application to charge its attorneys’ fees against the trust estate, we conduct our review, as did Judge Goldmann in Bush v. Riker, 77 N.J.Super. 243, 248 , 186 A.2d 117 (App.Div.1962), pursuant to the abuse of discretion standard. | 1 | 2001–2001 |
Wilson v. Tard
green
1 sentence2000Citing the federal decision of Wilson v. Tard, 593 F.Supp. 1091 (D.N.J.1984), we held that the trial judge committed plain error by failing to charge the jury that the State bore the burden of disproving the defendant’s reasonable belief that the gun he had in his possession was not loaded. | 1 | 2000–2000 |
State v. Green
green
2 sentences1998In analyzing the efficacy of this contention, we are guided by our decision in State v. Green, 129 N.J.Super. 157 , 322 A.2d 495 (App.Div.1974). 1998In analyzing the efficacy of this contention, we are guided by our decision in State v. Green, 129 N.J.Super. 157 , 322 A.2d 495 (App.Div.1974). | 1 | 1998–1998 |
State v. Kociolek
green
2 sentences1997VIII Defendant also urges us to find that the trial judge committed plain error by failing to give a Kociolek charge (State v. Kociolek, 23 N.J. 400 , 129 A.2d 417 (1957)), as to the statements to Thomas and defendant’s two friends. 1997VIII Defendant also urges us to find that the trial judge committed plain error by failing to give a Kociolek charge (State v. Kociolek, 23 N.J. 400 , 129 A.2d 417 (1957)), as to the statements to Thomas and defendant’s two friends. | 1 | 1997–1997 |
State v. Gantt
green
1 sentence1985In State v. Gantt, 195 N.J. | 1 | 1985–1985 |
State v. Blow
green
1 sentence1984Super. 487, 491 (App.Div. 1975), certif. den., 68 N.J. 152 (1975). | 1 | 1984–1984 |
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.