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15 New Jersey opinions name it 2 courts 2006–2026 7 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. Cottlegreen2 sentences2026New Jersey courts first determine "whether the alleged conflict is a 'per se conflict,'" and, if so, "prejudice is presumed in the absence of a valid waiver." Ibid. (quoting Cottle, 194 N.J. at 467 ). 2025Courts first determine "whether the alleged conflict is a 'per se conflict,'" and if so, "'prejudice is presumed in the absence of a valid waiver.'" Ibid. (quoting Cottle, 194 N.J. at 467 ). | 1 | 11 |
State v. Normangreen2 sentences2008When a per se conflict has been found, "prejudice is presumed in the absence of a valid waiver,[ [2] ] and the reversal of a conviction is mandated." Id. at 467 , 946 A. 2d 550 ; see also State v. Norman, 151 N.J. 5, 24-25 , 697 A. 2d 511 (1997); State v. Bellucci, 81 N.J. 531, 543 , 410 A. 2d 666 (1980). 2008When a per se conflict has been found, "prejudice is presumed in the absence of a valid waiver,[ [2] ] and the reversal of a conviction is mandated." Id. at 467 , 946 A. 2d 550 ; see also State v. Norman, 151 N.J. 5, 24-25 , 697 A. 2d 511 (1997); State v. Bellucci, 81 N.J. 531, 543 , 410 A. 2d 666 (1980). | 1 | 5 |
State v. Belluccigreen2 sentences2008When a per se conflict has been found, "prejudice is presumed in the absence of a valid waiver,[ [2] ] and the reversal of a conviction is mandated." Id. at 467 , 946 A. 2d 550 ; see also State v. Norman, 151 N.J. 5, 24-25 , 697 A. 2d 511 (1997); State v. Bellucci, 81 N.J. 531, 543 , 410 A. 2d 666 (1980). 2008When a per se conflict has been found, "prejudice is presumed in the absence of a valid waiver,[ [2] ] and the reversal of a conviction is mandated." Id. at 467 , 946 A. 2d 550 ; see also State v. Norman, 151 N.J. 5, 24-25 , 697 A. 2d 511 (1997); State v. Bellucci, 81 N.J. 531, 543 , 410 A. 2d 666 (1980). | 1 | 5 |
State v. Driscogreen2 sentences2026New Jersey courts first determine "whether the alleged conflict is a 'per se conflict,'" and, if so, "prejudice is presumed in the absence of a valid waiver." Ibid. (quoting Cottle, 194 N.J. at 467 ). 2025Courts first determine "whether the alleged conflict is a 'per se conflict,'" and if so, "'prejudice is presumed in the absence of a valid waiver.'" Ibid. (quoting Cottle, 194 N.J. at 467 ). | 1 | 3 |
State v. Battlegreen2 sentences2006Supra, 137 N.J. at 116 , 644 A.2d 583 (citing State v. Battle, 256 N.J.Super. 268, 281 , 606 A.2d 1119 (App.Div.), certif. denied, 130 N.J. 393 , 614 A.2d 616 (1992) (“In the absence of a valid waiver, the submission to the jury of an offense which is not a lesser included offense violates a defendant’s state constitutional right not to be tried except upon the presentment or indictment of a grand jury.”) (citations and internal quotation marks omitted)). 2006Supra, 137 N.J. at 116 , 644 A.2d 583 (citing State v. Battle, 256 N.J.Super. 268, 281 , 606 A.2d 1119 (App.Div.), certif. denied, 130 N.J. 393 , 614 A.2d 616 (1992) (“In the absence of a valid waiver, the submission to the jury of an offense which is not a lesser included offense violates a defendant’s state constitutional right not to be tried except upon the presentment or indictment of a grand jury.”) (citations and internal quotation marks omitted)). | 1 | 2 |
State v. Battlegreen2 sentences2017Generally, "[i]n the absence of a valid waiver, the submission to the jury of an offense which is not a lesser included offense violates a defendant's state constitutional right not to be tried except upon the presentment or indictment of a grand jury." State v. Battle, 256 N.J. 2006Supra, 137 N.J. at 116 , 644 A.2d 583 (citing State v. Battle, 256 N.J.Super. 268, 281 , 606 A.2d 1119 (App.Div.), certif. denied, 130 N.J. 393 , 614 A.2d 616 (1992) (“In the absence of a valid waiver, the submission to the jury of an offense which is not a lesser included offense violates a defendant’s state constitutional right not to be tried except upon the presentment or indictment of a grand jury.”) (citations and internal quotation marks omitted)). | 1 | 2 |
| 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. Savage
green
1 sentence2026"The 'per se analysis is reserved for those cases in which counsel's performance is so likely to prejudice the accused that it is tantamount to a complete denial of counsel.'" Ibid. (quoting Savage, A-1172-24 20 120 N.J. at 616 ). | 1 | 2026–2026 |
State v. Bell
green
2 sentences2008The Court went on to describe the existing parameters of this rule: Thus far, we have limited the per se conflict on constitutional grounds to cases in which "a private attorney, or any lawyer associated with that attorney, is involved in simultaneous dual representations of codefendants." In all other cases, "the potential or actual conflict of interest must be evaluated and, if significant, a great likelihood of prejudice must be shown in that particular case to establish constitutionally defective representation of counsel." [ Cottle, supra, 194 N.J. at 467-68 , 946 A. 2d 550 (citations and 2008The Court went on to describe the existing parameters of this rule: Thus far, we have limited the per se conflict on constitutional grounds to cases in which "a private attorney, or any lawyer associated with that attorney, is involved in simultaneous dual representations of codefendants." In all other cases, "the potential or actual conflict of interest must be evaluated and, if significant, a great likelihood of prejudice must be shown in that particular case to establish constitutionally defective representation of counsel." [ Cottle, supra, 194 N.J. at 467-68 , 946 A. 2d 550 (citations and | 1 | 2008–2008 |
State v. Brent
green
2 sentences2006Supra, 137 N.J. at 116 , 644 A.2d 583 (citing State v. Battle, 256 N.J.Super. 268, 281 , 606 A.2d 1119 (App.Div.), certif. denied, 130 N.J. 393 , 614 A.2d 616 (1992) (“In the absence of a valid waiver, the submission to the jury of an offense which is not a lesser included offense violates a defendant’s state constitutional right not to be tried except upon the presentment or indictment of a grand jury.”) (citations and internal quotation marks omitted)). 2006Supra, 137 N.J. at 116 , 644 A.2d 583 (citing State v. Battle, 256 N.J.Super. 268, 281 , 606 A.2d 1119 (App.Div.), certif. denied, 130 N.J. 393 , 614 A.2d 616 (1992) (“In the absence of a valid waiver, the submission to the jury of an offense which is not a lesser included offense violates a defendant’s state constitutional right not to be tried except upon the presentment or indictment of a grand jury.”) (citations and internal quotation marks omitted)). | 1 | 2006–2006 |
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.