15 New Jersey opinions name it 4 courts 1884–2022 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. Penningtongreen2 sentences2019See State v. Pennington , 154 N.J. 344 , 360-61, 712 A.2d 1133 (1998). 2019See State v. Pennington , 154 N.J. 344 , 360-61, 712 A.2d 1133 (1998). | 2 | 2 |
State ex rel. Werts v. Rogersgreen2 sentences1993As stated in Rogers, supra, 56 N.J.L. at 616 , 28 A. 726 , “[W]hen the inquiry is whether the legislature or any other body or officer has violated the regulations of the constitution it is entirely plain that the decision of that subject must rest exclusively within the judicial department of the government.” See Parker, supra, 646 F.2d at 855 ; Wilentz ex rel. 1993As stated in Rogers, supra, 56 N.J.L. at 616 , 28 A. 726 , “[W]hen the inquiry is whether the legislature or any other body or officer has violated the regulations of the constitution it is entirely plain that the decision of that subject must rest exclusively within the judicial department of the government.” See Parker, supra, 646 F.2d at 855 ; Wilentz ex rel. | 1 | 2 |
State v. Waysgreen1 sentence2022A-0728-19 25 also Porter, 216 N.J. at 357 ("Failure to investigate an alibi defense is a serious deficiency that can result in the reversal of a conviction."); State v. Ways, 180 N.J. 171, 188 (2004) (noting that "evidence that supports a defense, such as alibi, third-party guilt, or a general denial of guilt would be material."). | 1 | 1 |
United States v. Douglas Kennedygreen1 sentence2022Super. at 12 ; see also Kennedy, 682 F.3d at 255 (“A multiplicitous indictment risks subjecting a defendant to multiple sentences for the same offense, an obvious violation of the Double Jeopardy Clause’s protection against cumulative punishment.”). | 1 | 1 |
State v. Oscar Porter (069223)green1 sentence2022A-0728-19 25 also Porter, 216 N.J. at 357 ("Failure to investigate an alibi defense is a serious deficiency that can result in the reversal of a conviction."); State v. Ways, 180 N.J. 171, 188 (2004) (noting that "evidence that supports a defense, such as alibi, third-party guilt, or a general denial of guilt would be material."). | 1 | 1 |
Newburgh v. Arrigogreen1 sentence2019Additionally, the court committed error in that it has never conducted any analysis of the factors set forth in Newburgh v. Arrigo, [ 88 N.J. 529, 545 (1982)] particularly the ability of the parties to pay. | 1 | 1 |
State v. Begyngreen1 sentence1974The State concedes that this was an obvious error under State v. Begyn, 58 N.J. | 1 | 1 |
In re Rossgreen1 sentence1961In State v. Rogers, 56 N.J.L. 480, 631 ( Sup. Ct. 1894), a dispute arose in connection with the reorganization of the Senate, and our then Supreme Court held that "the majority of senators are the absolute masters of the occasion." (Emphasis supplied.) See also In re Ross, 86 N.J.L. 387, 391 ( Sup. Ct. 1914), where it was held that a presumption was in favor of the constitutionality of the law questioned in those proceedings, and the court recognized that the Assembly had power to suspend its own rules although no evidence had been submitted that this course had been followed. | 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 |
|---|---|---|
In Re Application of Lamb
green
2 sentences2001Unless there is “an obvious violation of fundamental rights,” In re Application of Lamb, 67 N.J.Super. at 59 , 169 A.2d 822 , we owe no duty or obligation to intervene. 2001Unless there is “an obvious violation of fundamental rights,” In re Application of Lamb, 67 N.J.Super. at 59 , 169 A.2d 822 , we owe no duty or obligation to intervene. | 2 | 1993–2001 |
Strickland v. Washington
green
1 sentence2021Although “a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance,” Strickland, 466 U.S. at 689 , a failure to present available evidence to support an obvious defense will not be characterized as a reasonable trial strategy, see Pierre, 223 N.J. at 566 . | 1 | 2021–2021 |
State v. Duquene Pierre(072859)
green
1 sentence2021Although “a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance,” Strickland, 466 U.S. at 689 , a failure to present available evidence to support an obvious defense will not be characterized as a reasonable trial strategy, see Pierre, 223 N.J. at 566 . | 1 | 2021–2021 |
Sarno v. Gulf Refining Co.
green
2 sentences2002Clearly such conduct differs from the factual scenario with which the court is now faced. [4] With the obvious exception of Sarno , of course. 99 N.J.L. at 342 , 124 A. 145 . 2002Clearly such conduct differs from the factual scenario with which the court is now faced. [4] With the obvious exception of Sarno , of course. 99 N.J.L. at 342 , 124 A. 145 . | 1 | 2002–2002 |
Walcott v. Total Petroleum, Inc.
green
1 sentence2002In addition, the strength of authority that this court can afford to the Northglenn case appears to be diminished by the more recent appellate court decision in Walcott , discussed above. 964 P. 2d 609 . | 1 | 2002–2002 |
In Re Application of Lamb
green
2 sentences1993A legislative procedural rule is subject to judicial review if “there is an obvious violation of fundamental rights.” In re Lamb, 67 N.J.Super. 39, 59 , 169 A.2d 822 (App.Div.), aff'd, 34 N.J. 448 , 170 A.2d 34 (1961). 1993A legislative procedural rule is subject to judicial review if “there is an obvious violation of fundamental rights.” In re Lamb, 67 N.J.Super. 39, 59 , 169 A.2d 822 (App.Div.), aff'd, 34 N.J. 448 , 170 A.2d 34 (1961). | 1 | 1993–1993 |
Parker v. Merlino
green
2 sentences1993As stated in Rogers, supra, 56 N.J.L. at 616 , 28 A. 726 , “[W]hen the inquiry is whether the legislature or any other body or officer has violated the regulations of the constitution it is entirely plain that the decision of that subject must rest exclusively within the judicial department of the government.” See Parker, supra, 646 F.2d at 855 ; Wilentz ex rel. 1993As stated in Rogers, supra, 56 N.J.L. at 616 , 28 A. 726 , “[W]hen the inquiry is whether the legislature or any other body or officer has violated the regulations of the constitution it is entirely plain that the decision of that subject must rest exclusively within the judicial department of the government.” See Parker, supra, 646 F.2d at 855 ; Wilentz ex rel. | 1 | 1993–1993 |
Tiberi v. Petrella
green
1 sentence1992Id. | 1 | 1992–1992 |
Manczak v. Township of Dover
green
1 sentence1983Despite the fact that the municipality joined in the application to correct this obvious error, the judge of the Tax Court, citing Manczak v. Dover Tp., 2 N.J. | 1 | 1983–1983 |
Sabella v. Lacey Tp.
neutral
2 sentences1983Despite the fact that the municipality joined in the application to correct this obvious error, the judge of the Tax Court ... ordered the entry of a judgment imposing a tax liability which, all concerned agree, is far in excess of that which it probably should be. [ 188 N.J.Super. at 501 , 457 A.2d 1220 ] The Tax Court is not insensitive to the result it reached in Sabella in which it found that it could not change an assessment that the parties agreed should have been different. 1983Despite the fact that the municipality joined in the application to correct this obvious error, the judge of the Tax Court ... ordered the entry of a judgment imposing a tax liability which, all concerned agree, is far in excess of that which it probably should be. [ 188 N.J.Super. at 501 , 457 A.2d 1220 ] The Tax Court is not insensitive to the result it reached in Sabella in which it found that it could not change an assessment that the parties agreed should have been different. | 1 | 1983–1983 |
State v. Begyn
green
1 sentence1974Super. 185, 201 (App. Div. 1959), aff'd 34 N.J. 35 (1961), but maintains that the error was remedied by the judge's curative supplemental instruction. | 1 | 1974–1974 |
Howard v. Henriques
green
1 sentence1884Howard v. Henriques, 3 Sandf. 725 . | 1 | 1884–1884 |
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.