12 New Jersey opinions name it 2 courts 1977–2024 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 |
|---|---|---|
McCarthy v. United Statesgreen2 sentences1995See McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d 418, 425-26 (1969); State v. Barboza, 115 N.J. 415 , 421 & n. 1 [ 558 A. 2d 1303 ] (1989). [ 126 N.J. at 577-78 , 601 A. 2d 198 ]. *96 At the plea hearing, defendant did not express a contemporaneous claim of innocence, and the record of the proceeding clearly indicates defendant's satisfaction with his attorney's representation, his acknowledgement of a prior record for similar offenses, and his understanding of the crime and the significance of his guilty plea. 1995See McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d 418, 425-26 (1969); State v. Barboza, 115 N.J. 415 , 421 & n. 1 [ 558 A. 2d 1303 ] (1989). [ 126 N.J. at 577-78 , 601 A. 2d 198 ]. *96 At the plea hearing, defendant did not express a contemporaneous claim of innocence, and the record of the proceeding clearly indicates defendant's satisfaction with his attorney's representation, his acknowledgement of a prior record for similar offenses, and his understanding of the crime and the significance of his guilty plea. | 5 | 5 |
State v. Mitchellgreen2 sentences2021Super. 528 , 540 (App. Div. 2017) (quoting State v. Mitchell, 126 N.J. 565, 577 (1992)).] However, we also stated, "a contemporaneous claim of innocence alters the legal significance of the lack of factual basis[,]" ibid., and that a "factual basis is constitutionally required . . . when there are indicia, such as a contemporaneous claim of innocence, that the defendant does not understand enough about the nature of the law as it applies to the facts of the case to make a truly 'voluntary' decision on his own." Id. at 540-41 (quoting Mitchell, 126 N.J. at 577 ). 2021Super. 528 , 540 (App. Div. 2017) (quoting State v. Mitchell, 126 N.J. 565, 577 (1992)).] However, we also stated, "a contemporaneous claim of innocence alters the legal significance of the lack of factual basis[,]" ibid., and that a "factual basis is constitutionally required . . . when there are indicia, such as a contemporaneous claim of innocence, that the defendant does not understand enough about the nature of the law as it applies to the facts of the case to make a truly 'voluntary' decision on his own." Id. at 540-41 (quoting Mitchell, 126 N.J. at 577 ). | 1 | 6 |
State v. Barbozagreen2 sentences1995See McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d 418, 425-26 (1969); State v. Barboza, 115 N.J. 415 , 421 & n. 1 [ 558 A. 2d 1303 ] (1989). [ 126 N.J. at 577-78 , 601 A. 2d 198 ]. *96 At the plea hearing, defendant did not express a contemporaneous claim of innocence, and the record of the proceeding clearly indicates defendant's satisfaction with his attorney's representation, his acknowledgement of a prior record for similar offenses, and his understanding of the crime and the significance of his guilty plea. 1995See McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d 418, 425-26 (1969); State v. Barboza, 115 N.J. 415 , 421 & n. 1 [ 558 A. 2d 1303 ] (1989). [ 126 N.J. at 577-78 , 601 A. 2d 198 ]. *96 At the plea hearing, defendant did not express a contemporaneous claim of innocence, and the record of the proceeding clearly indicates defendant's satisfaction with his attorney's representation, his acknowledgement of a prior record for similar offenses, and his understanding of the crime and the significance of his guilty plea. | 1 | 5 |
State v. DDMgreen2 sentences1997See also State v. D.D.M., 140 N.J. 83, 96 , 657 A.2d 837 (1995), where the court held that since defendant had expressed satisfaction with his lawyer and an understanding of the charges, and had a prior similar conviction (all factors present here), the conviction would not be overturned even though it was based on an inadequate factual basis. 1997See also State v. D.D.M., 140 N.J. 83, 96 , 657 A.2d 837 (1995), where the court held that since defendant had expressed satisfaction with his lawyer and an understanding of the charges, and had a prior similar conviction (all factors present here), the conviction would not be overturned even though it was based on an inadequate factual basis. | 1 | 1 |
Natural Resources Defense Council, Inc. v. Russell E. Train, in His Official Capacity as Administrator, Environmental Protection Agencygreen1 sentence1983I must accord, of course, substantial deference to the contemporaneous rule construction by the agency charged with the administration of the statute and its implementing rules, Matter of Lembo, 151 N.J.Super. 242 (App.Div. 1977), especially “when the case involves the construction of a new statute by its implementing agency.” New Jersey Guild of Hearing Aid Dispensers v. Long, 75 N.J. 544, 575 (1978) quoting Nat’l Resources Defense Council, Inc. v. Train, 510 F.2d 692, 706 (D.C.Cir.1975). | 1 | 1 |
New Jersey Guild of Hearing Aid Dispensers v. Longgreen1 sentence1983I must accord, of course, substantial deference to the contemporaneous rule construction by the agency charged with the administration of the statute and its implementing rules, Matter of Lembo, 151 N.J.Super. 242 (App.Div. 1977), especially “when the case involves the construction of a new statute by its implementing agency.” New Jersey Guild of Hearing Aid Dispensers v. Long, 75 N.J. 544, 575 (1978) quoting Nat’l Resources Defense Council, Inc. v. Train, 510 F.2d 692, 706 (D.C.Cir.1975). | 1 | 1 |
In Re Application of Saddle Rivergreen1 sentence1977See, e.g., In re Application of Saddle River, 71 N.J. 14, 24 (1976); Service Armament Co. v. Hyland, 70 N.J. 550, 561 (1976). | 1 | 1 |
Service Armament Co. v. Hylandgreen1 sentence1977See, e.g., In re Application of Saddle River, 71 N.J. 14, 24 (1976); Service Armament Co. v. Hyland, 70 N.J. 550, 561 (1976). | 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. Campfield
green
1 sentence2021Moreover, as the Court in Campfield instructed, "[t]he remedy for an inadequate factual basis is an order vacating the guilty plea and restoring both parties to their positions prior to the trial court's acceptance of the plea." Campfield, 213 N.J. at 232 . | 1 | 2021–2021 |
cluster 678880
green
1 sentence1998Bank, 36 F.3d 785 , 796-98 (9th Cir.1993) (ruling that a commitment letter written two-and-a-half months prior to the execution of the actual loan satisfied the contemporaneous requirement of 12 U.S.C.A. § 1823 (e)(1)(B)). | 1 | 1998–1998 |
In Re Appeal of Lembo
green
1 sentence1983I must accord, of course, substantial deference to the contemporaneous rule construction by the agency charged with the administration of the statute and its implementing rules, Matter of Lembo, 151 N.J.Super. 242 (App.Div. 1977), especially “when the case involves the construction of a new statute by its implementing agency.” New Jersey Guild of Hearing Aid Dispensers v. Long, 75 N.J. 544, 575 (1978) quoting Nat’l Resources Defense Council, Inc. v. Train, 510 F.2d 692, 706 (D.C.Cir.1975). | 1 | 1983–1983 |
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.