17 New Jersey opinions name it 2 courts 1963–2022 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.
| Case | Followed | Cited |
|---|---|---|
State v. Bogusgreen1 sentence2022"The practical result . . . of a defendant's decision to testify is to effect a waiver of his constitutional privilege against self-incrimination . . . ." State v. Bogus, 223 N.J. | 1 | 1 |
State v. Klichgreen1 sentence2021The State urges us to reject defendant's argument based on the following three independent grounds: (1) the self-induced intoxication charge the trial judge gave to the jury was not inconsistent with the Supreme Court's holding in Warren or our decision in State v. Klich, 321 N.J. | 1 | 1 |
Ponzo v. Pellegreen1 sentence2021A-1366-19 6 We also reject defendant's argument that the trial judge committed reversible error because he did not include a sample interrogatory for mitigation of damages on the verdict sheet. "[I]n reviewing an interrogatory for reversible error, we should consider it in the context of the charge as a whole." Ponzo v. Pelle, 166 N.J. 481, 491 (2001) (citing Sons of Thunder, Inc. v. Borden, Inc., 148 N.J. 396, 418 (1997)). | 1 | 1 |
State v. Warrengreen1 sentence2021Relying on our Supreme Court's holding in State v. Warren, 104 N.J. 571, 579-80 (1986), defendant argues the trial judge committed reversible error by not instructing the jury that defendant's self - induced intoxication defense did not apply to the lesser included offenses of aggravated manslaughter and manslaughter. | 1 | 1 |
Sons of Thunder, Inc. v. Borden, Inc.green1 sentence2021A-1366-19 6 We also reject defendant's argument that the trial judge committed reversible error because he did not include a sample interrogatory for mitigation of damages on the verdict sheet. "[I]n reviewing an interrogatory for reversible error, we should consider it in the context of the charge as a whole." Ponzo v. Pelle, 166 N.J. 481, 491 (2001) (citing Sons of Thunder, Inc. v. Borden, Inc., 148 N.J. 396, 418 (1997)). | 1 | 1 |
State v. Gandhigreen1 sentence2021If the judge's oral instructions "were sufficient to convey an understanding of the elements [of the cause of action] to the jury, and . . . the verdict sheet was not misleading, any error in the verdict sheet can be regarded as harmless." State v. Gandhi, 201 N.J. 161, 197 (2010). | 1 | 1 |
State v. Blanksgreen1 sentence2020In Montalvo, the Court found that a trial judge committed reversible error by instructing a jury that self-defense does not justify A-0795-18T4 11 the possession of a machete in one's own home unless the defendant armed himself spontaneously to repel an immediate threat. 229 N.J. at 321-24 ; see also State v. Abbott, 36 N.J. 63, 72-74 (1961) (reversing a conviction where the jury was improperly instructed on the defendant's duty to retreat); State v. Blanks, 313 N.J. | 1 | 1 |
State v. Browngreen1 sentence2020Super. 55, 70-71 (App. Div. 1998) (reversing a conviction on plain error where the judge improperly charged defendant with a duty to retreat); State v. Brown, 131 N.J. | 1 | 1 |
State v. Abbottgreen1 sentence2020In Montalvo, the Court found that a trial judge committed reversible error by instructing a jury that self-defense does not justify A-0795-18T4 11 the possession of a machete in one's own home unless the defendant armed himself spontaneously to repel an immediate threat. 229 N.J. at 321-24 ; see also State v. Abbott, 36 N.J. 63, 72-74 (1961) (reversing a conviction where the jury was improperly instructed on the defendant's duty to retreat); State v. Blanks, 313 N.J. | 1 | 1 |
Rosales-Lopez v. United Statesgreen2 sentences1985See Rosales-Lopez, supra, 451 U.S. at 188-190 , 101 *356 S.Ct. 1629 at 1634-1635, 68 L.Ed. 2d 22 ; Ristaino, supra, 424 U.S. at 594-595 , 96 S.Ct. 1017 at 1020-1021 , 47 L.Ed. 2d 258 ; Long, supra, 137 N.J. 1985See Rosales-Lopez, supra, 451 U.S. at 188-190 , 101 *356 S.Ct. 1629 at 1634-1635, 68 L.Ed. 2d 22 ; Ristaino, supra, 424 U.S. at 594-595 , 96 S.Ct. 1017 at 1020-1021 , 47 L.Ed. 2d 258 ; Long, supra, 137 N.J. | 1 | 1 |
Rempfer v. Deerfield Packing Corp.green1 sentence1963The general rule as to the admissibility of expert testimony is to be found in Rempfer v. Deerfield Packing Corp., 4 N.J. 135, 141 (1950), to the effect that: "* * * The true test of admissibility of such testimony is not whether the subject matter is common or uncommon or whether many persons or few have knowledge of the matter; but it is whether the witnesses offered as experts have peculiar knowledge or experience not common to the world which renders their opinions founded on such knowledge or experience any aid to the court or jury in determining the questions at issue." No reported decis | 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. K.S.
green
1 sentence2021He specifically relies on State v. K.S., 220 N.J. 190 (2015), asserting that the judge committed reversible error when he considered his prior youthful offender adjudication from New York. | 1 | 2021–2021 |
Lepis v. Lepis
green
1 sentence2020Consistent with the procedure outlined in Lepis, the judge should have ordered discovery, and held a hearing to address the material facts that were in genuine dispute. 83 N.J. at 159-60 . | 1 | 2020–2020 |
State v. Crisoforo Montalvo (077331) (Monmouth and Statewide)
green
1 sentence2020In Montalvo, the Court found that a trial judge committed reversible error by instructing a jury that self-defense does not justify A-0795-18T4 11 the possession of a machete in one's own home unless the defendant armed himself spontaneously to repel an immediate threat. 229 N.J. at 321-24 ; see also State v. Abbott, 36 N.J. 63, 72-74 (1961) (reversing a conviction where the jury was improperly instructed on the defendant's duty to retreat); State v. Blanks, 313 N.J. | 1 | 2020–2020 |
State v. RD
green
2 sentences2017The trial judge's evidentiary rulings regarding the statements in question are reviewed for abuse of discretion, R.D., supra, 169 N.J. at 559 , and we find none. 2017The trial judge's evidentiary rulings regarding the statements in question are reviewed for abuse of discretion, R.D., supra, 169 N.J. at 559 , and we find none. | 1 | 2017–2017 |
Cesare v. Cesare
green
2 sentences2012“The Act and its legislative history confirm that New Jersey has a strong policy against domestic violence.” Cesare v. Cesare, 154 N.J. 394, 400 , 713 A.2d 390 (1998). 2012“The Act and its legislative history confirm that New Jersey has a strong policy against domestic violence.” Cesare v. Cesare, 154 N.J. 394, 400 , 713 A.2d 390 (1998). | 1 | 2012–2012 |
State v. Sands
green
2 sentences2010At a hearing outside the presence of the jury, the judge ruled that the State would be permitted, pursuant to State v. Sands, 76 N.J. 127, 144 , 386 A. 2d 378 (1978), to impeach *879 defendant's credibility, if he took the stand, with his 1990 conviction for possession of CDS with intent to distribute. 2010At a hearing outside the presence of the jury, the judge ruled that the State would be permitted, pursuant to State v. Sands, 76 N.J. 127, 144 , 386 A. 2d 378 (1978), to impeach *879 defendant's credibility, if he took the stand, with his 1990 conviction for possession of CDS with intent to distribute. | 1 | 2010–2010 |
State v. Muhammed
green
2 sentences2005The panel concluded that "the trial judge committed reversible error in permitting the prosecutor to repeatedly comment on defendant's failure to disclose the version of events suggested for the first time at trial." Id. at 205 , 840 A .2d 928 . 2005The panel concluded that "the trial judge committed reversible error in permitting the prosecutor to repeatedly comment on defendant's failure to disclose the version of events suggested for the first time at trial." Id. at 205 , 840 A .2d 928 . | 1 | 2005–2005 |
Wymbs v. Township of Wayne
green
2 sentences2002In Wymbs v. Tp. of Wayne, 163 N.J. 523 , 750 A. 2d 751 (2000), the Court permitted, under certain conditions, evidence of prior accidents as substantive evidence of a dangerous condition. 2002In Wymbs v. Tp. of Wayne, 163 N.J. 523 , 750 A. 2d 751 (2000), the Court permitted, under certain conditions, evidence of prior accidents as substantive evidence of a dangerous condition. | 1 | 2002–2002 |
Rena, Inc. v. Brien
green
2 sentences1999In support of its contention, defendant argues that "reasonable minds could not conclude that plaintiff met his burden of proving a defect in Skil's product." In other words, "[b]ased on the evidence presented, reasonable minds could not conclude that the alternative designs *588 plaintiff offered would have made Skil's product safer." On a motion for judgment under R. 4:40-1, the trial judge "must accept as true all evidence supporting the position of the non-moving party, according that party the benefit of all legitimate inferences that can be deduced from such evidence." Rena, Inc. v. Brie 1999In support of its contention, defendant argues that "reasonable minds could not conclude that plaintiff met his burden of proving a defect in Skil's product." In other words, "[b]ased on the evidence presented, reasonable minds could not conclude that the alternative designs *588 plaintiff offered would have made Skil's product safer." On a motion for judgment under R. 4:40-1, the trial judge "must accept as true all evidence supporting the position of the non-moving party, according that party the benefit of all legitimate inferences that can be deduced from such evidence." Rena, Inc. v. Brie | 1 | 1999–1999 |
Tirrell v. Navistar Intern., Inc.
green
2 sentences1999Defendant also contends, for a number of reasons, that we should "overrule" Tirrell v. Navistar Intern., Inc., 248 N.J.Super. 390 , 591 A. 2d 643 (App.Div.), certif. denied, 126 N.J. 390 , 599 A. 2d 166 (1991), order a new trial, and permit defendant to assert the comparative negligence defense. 1999Defendant also contends, for a number of reasons, that we should "overrule" Tirrell v. Navistar Intern., Inc., 248 N.J.Super. 390 , 591 A. 2d 643 (App.Div.), certif. denied, 126 N.J. 390 , 599 A. 2d 166 (1991), order a new trial, and permit defendant to assert the comparative negligence defense. | 1 | 1999–1999 |
Tirrell v. Navistar Intern., Inc.
green
1 sentence1999Defendant also contends, for a number of reasons, that we should "overrule" Tirrell v. Navistar Intern., Inc., 248 N.J.Super. 390 , 591 A. 2d 643 (App.Div.), certif. denied, 126 N.J. 390 , 599 A. 2d 166 (1991), order a new trial, and permit defendant to assert the comparative negligence defense. | 1 | 1999–1999 |
State v. Yarbough
red
1 sentence1989Relying on State v. Yarbough, 100 N.J. 627 (1985), defendant argues the trial judge committed reversible error when he imposed six consecutive sentences. | 1 | 1989–1989 |
State v. Downey
green
1 sentence1986We considered the admissibility of this evidence in State v. Downey, supra . | 1 | 1986–1986 |
State v. Long
green
1 sentence1985See Rosales-Lopez, supra, 451 U.S. at 188-190 , 101 *356 S.Ct. 1629 at 1634-1635, 68 L.Ed. 2d 22 ; Ristaino, supra, 424 U.S. at 594-595 , 96 S.Ct. 1017 at 1020-1021 , 47 L.Ed. 2d 258 ; Long, supra, 137 N.J. | 1 | 1985–1985 |
Ristaino v. Ross
green
2 sentences1985See Rosales-Lopez, supra, 451 U.S. at 188-190 , 101 *356 S.Ct. 1629 at 1634-1635, 68 L.Ed. 2d 22 ; Ristaino, supra, 424 U.S. at 594-595 , 96 S.Ct. 1017 at 1020-1021 , 47 L.Ed. 2d 258 ; Long, supra, 137 N.J. 1985See Rosales-Lopez, supra, 451 U.S. at 188-190 , 101 *356 S.Ct. 1629 at 1634-1635, 68 L.Ed. 2d 22 ; Ristaino, supra, 424 U.S. at 594-595 , 96 S.Ct. 1017 at 1020-1021 , 47 L.Ed. 2d 258 ; Long, supra, 137 N.J. | 1 | 1985–1985 |
DePolo v. Caplan
green
1 sentence1977In DePolo v. Caplan, 119 N.J. | 1 | 1977–1977 |
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.