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15 New Jersey opinions name it 2 courts 1958–2020 0 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. Loftingreen1 sentence2020See e.g., State v. Loftin, 146 N.J. 295, 394-95 (1996) (declining to reverse based on omission of limiting instruction); State v. Hunt, 115 N.J. 330, 364 (1989) (finding no plain error from failure to deliver instruction in view of overwhelming proof of guilt); Schubert, 235 N.J. | 1 | 1 |
State v. Huntgreen1 sentence2020See e.g., State v. Loftin, 146 N.J. 295, 394-95 (1996) (declining to reverse based on omission of limiting instruction); State v. Hunt, 115 N.J. 330, 364 (1989) (finding no plain error from failure to deliver instruction in view of overwhelming proof of guilt); Schubert, 235 N.J. | 1 | 1 |
State v. Schubertgreen1 sentence2020See e.g., State v. Loftin, 146 N.J. 295, 394-95 (1996) (declining to reverse based on omission of limiting instruction); State v. Hunt, 115 N.J. 330, 364 (1989) (finding no plain error from failure to deliver instruction in view of overwhelming proof of guilt); Schubert, 235 N.J. | 1 | 1 |
State v. Bielkiewiczgreen1 sentence2019Under N.J.S.A. 2C:2-6(c), A person is an accomplice of another person in the commission of an offense if: (1) With the purpose of promoting or facilitating the commission of the offense; he [or she] (a) Solicits such other person to commit it; (b) Aids or agrees or attempts to aid such other person in planning or committing it; or (c) Having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or (2) His [or her] conduct is expressly declared by law to establish his complicity. "[A] jury must be instructed that to find a defendant guilty of a crime under | 1 | 1 |
State v. Geraldgreen2 sentences1991See Gerald, supra, 113 N.J. 40 , 549 A. 2d 792 . 1991See Gerald, supra, 113 N.J. 40 , 549 A. 2d 792 . | 1 | 1 |
State v. Greengreen2 sentences1990R. 2:10-2; see State v. Green, 86 N.J. 281, 289 , 430 A.2d 914 (1981). 1990R. 2:10-2; see State v. Green, 86 N.J. 281, 289 , 430 A.2d 914 (1981). | 1 | 1 |
State v. Biegenwaldgreen2 sentences1988A. Weighing Aggravating and Mitigating Factors In State v. Biegenwald, supra, 106 N.J. at 63, we held "that as a matter of fundamental fairness the jury must find that the aggravating factors outweigh mitigating factors, and that this balance must be found beyond a reasonable doubt." In that case, we held that the trial court's failure properly to instruct the jury necessitated, as a matter of plain error, that defendant's *326 death sentence be vacated and the case remanded for a new sentencing hearing. 1988A. Weighing Aggravating and Mitigating Factors In State v. Biegenwald, supra, 106 N.J. at 63, we held "that as a matter of fundamental fairness the jury must find that the aggravating factors outweigh mitigating factors, and that this balance must be found beyond a reasonable doubt.” In that case, we held that the trial court’s failure properly to instruct the jury necessitated, as a matter of plain error, that defend ant’s death sentence be vacated and the case remanded for a new sentencing hearing. | 1 | 1 |
In Re Sterngreen1 sentence1958R.R. 1:5-3 ( c ); In re Stern, 11 N.J. 584, 590 (1953); Ford v. Reichert, 23 N.J. 429, 434 (1957); Maccia v. Tynes, 39 N.J. | 1 | 1 |
Ford v. Reichertgreen1 sentence1958R.R. 1:5-3 ( c ); In re Stern, 11 N.J. 584, 590 (1953); Ford v. Reichert, 23 N.J. 429, 434 (1957); Maccia v. Tynes, 39 N.J. | 1 | 1 |
MACCIA EX REL. MACCIA v. Tynesgreen1 sentence1958R.R. 1:5-3 ( c ); In re Stern, 11 N.J. 584, 590 (1953); Ford v. Reichert, 23 N.J. 429, 434 (1957); Maccia v. Tynes, 39 N.J. | 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. O'BRIEN
green
2 sentences2017Citing State v. Taffaro, 195 N.J. 442 , 950 A.2d 860 (2008) and State v. O'Brien, 200 N.J. 520 , 984 A.2d 879 (2009), defendant notes that this Court has previously granted reversal as a matter of plain error where a trial court questioned witnesses. 2017Citing State v. Taffaro, 195 N.J. 442 (2008) and State v. O’Brien, 200 N.J. 520 (2009), defendant notes that this Court has previously granted reversal as a matter of plain error where a trial court questioned witnesses. | 2 | 2017–2017 |
State v. Taffaro
green
2 sentences2017Citing State v. Taffaro, 195 N.J. 442 , 950 A.2d 860 (2008) and State v. O'Brien, 200 N.J. 520 , 984 A.2d 879 (2009), defendant notes that this Court has previously granted reversal as a matter of plain error where a trial court questioned witnesses. 2017Citing State v. Taffaro, 195 N.J. 442 (2008) and State v. O’Brien, 200 N.J. 520 (2009), defendant notes that this Court has previously granted reversal as a matter of plain error where a trial court questioned witnesses. | 2 | 2017–2017 |
Rendine v. Pantzer
green
2 sentences1999In fact, the court held that this concept is so essential to a fair trial that “the failure to charge *226 the jury with the necessity of finding upper management’s involvement to justify a punitive award is such a fundamental flaw that [an appellate court] must recognize it as a matter of plain error.” Id. at 354 , 695 A.2d 353 (citation omitted). 1999In fact, the court held that this concept is so essential to a fair trial that “the failure to charge the jury with the necessity of finding upper management’s involvement to justify a punitive award is such a fundamental flaw that [an appellate court] must recognize it as a matter of plain error.” Id. at 354 , 661 A.2d 1202 (citation omitted). | 2 | 1999–1999 |
State v. Allah
neutral
1 sentence2002Ibid. | 1 | 2002–2002 |
Austin Products Co. v. Workers' Compensation Insurers Rating Association of Minnesota
green
1 sentence2000In United States v. Rivera, 872 F. 2d 507 (1st Cir.), cert. denied, Rivera v. U.S., 493 U.S. 818 , 110 S.Ct. 71 , 107 L.Ed. 2d 38 (1989), the court vacated defendant's conviction on one count of an indictment on which he was wrongly subjected to a second trial even though he had raised no objection below, again as a matter of plain error. | 1 | 2000–2000 |
United States v. Ramon Rivera
green
1 sentence2000In United States v. Rivera, 872 F. 2d 507 (1st Cir.), cert. denied, Rivera v. U.S., 493 U.S. 818 , 110 S.Ct. 71 , 107 L.Ed. 2d 38 (1989), the court vacated defendant's conviction on one count of an indictment on which he was wrongly subjected to a second trial even though he had raised no objection below, again as a matter of plain error. | 1 | 2000–2000 |
State v. Corsaro
green
2 sentences2000Although the substitution of the juror was unwarranted under R. 1:8-2(d)(1) for the reasons stated by the majority, I cannot agree that the principles expressed in State v. Corsaro, 107 N.J. 339 , 526 A. 2d 1046 (1987), mandate reversal as a matter of plain error. 2000Although the substitution of the juror was unwarranted under R. 1:8-2(d)(1) for the reasons stated by the majority, I cannot agree that the principles expressed in State v. Corsaro, 107 N.J. 339 , 526 A. 2d 1046 (1987), mandate reversal as a matter of plain error. | 1 | 2000–2000 |
Rollinson v. United States
green
1 sentence2000In United States v. Rivera, 872 F. 2d 507 (1st Cir.), cert. denied, Rivera v. U.S., 493 U.S. 818 , 110 S.Ct. 71 , 107 L.Ed. 2d 38 (1989), the court vacated defendant's conviction on one count of an indictment on which he was wrongly subjected to a second trial even though he had raised no objection below, again as a matter of plain error. | 1 | 2000–2000 |
Bordallo v. United States
green
1 sentence2000In United States v. Rivera, 872 F. 2d 507 (1st Cir.), cert. denied, Rivera v. U.S., 493 U.S. 818 , 110 S.Ct. 71 , 107 L.Ed. 2d 38 (1989), the court vacated defendant's conviction on one count of an indictment on which he was wrongly subjected to a second trial even though he had raised no objection below, again as a matter of plain error. | 1 | 2000–2000 |
Maiorino v. Schering-Plough Corp.
green
1 sentence1999In fact, the court held that this concept is so essential to a fair trial that “the failure to charge *226 the jury with the necessity of finding upper management’s involvement to justify a punitive award is such a fundamental flaw that [an appellate court] must recognize it as a matter of plain error.” Id. at 354 , 695 A.2d 353 (citation omitted). | 1 | 1999–1999 |
State v. Parker
green
1 sentence1997Id. at 638, 640 , 592 A.2d 228 . | 1 | 1997–1997 |
United States v. Nicholas J. Mangieri, Jr.
green
1 sentence1991In the context of that entire charge and the whole trial, we must conclude that a conscientious juror would have understood that he [or she] must agree with the other jurors [as to the specifications they find to be the predicate of the guilty verdict]. [ Id. at 1281 .] For in the last analysis, when we review the issue as a matter of plain error, the question is whether the instructions were clearly capable of producing an unjust result. | 1 | 1991–1991 |
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.