12 New Jersey opinions name it 2 courts 1987–2024 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 |
|---|---|---|
State v. Jenewiczgreen2 sentences2024When a defendant raises a claim of cumulative error, the court must assess whether the defendant received a fair trial by considering "the impact of the trial A-2484-22 40 error on defendant's ability to present a defense, and not just excuse error because of the strength of the State's case." State v. Jenewicz, 193 N.J. 440, 473 (2008). 2019When a defendant raises a claim of cumulative error, the court must assess whether the defendant received a fair trial by considering "the impact of the trial errors on defendant's ability fairly to present a defense, and not just excuse error because of the strength of the State's case." State v. Jenewicz, 193 N.J. 440, 473 (2008). | 2 | 2 |
State v. Preciosegreen2 sentences2018When a defendant raises a claim for ineffective assistance of counsel in support of PCR, the judge should grant an evidentiary hearing "if [the] defendant has presented a prima facie claim in support of [PCR]." State v. Preciose, 129 N.J. 451, 462 (1992). 2017Similarly, when a defendant claims ineffective assistance in connection with a guilty plea, he or she must show "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and (ii) 'that there is a reasonable probability that, but for counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial.'" State v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 (1994)). 6 A-3605-15T1 When a defendant raises a claim for ineffective assistance of counsel | 2 | 2 |
State v. Wilbelygreen1 sentence2023State v. Wilbely, 63 N.J. 420, 422 (1973). | 1 | 1 |
State v. Odomgreen1 sentence2021We have stated: "Petitions for post-conviction relief cannot be disposed of out of hand." State v. Odom, 113 N.J. | 1 | 1 |
State v. Jimenezgreen1 sentence2020Ibid.; see also State v. Wakefield, 190 N.J. 397, 538 (2007) (holding that "the predicate for relief for cumulative error must be that the probable effect of the cumulative error was to render the underlying trial unfair"). | 1 | 1 |
State v. Cummingsgreen1 sentence2018To establish a prima facie claim, "defendant must allege specific facts and evidence supporting his allegations," and "must do more than make bald assertions that he was denied the effective assistance of counsel." State v. Porter, 216 N.J. 343, 355 (2013); State v. Cummings, 321 N.J. | 1 | 1 |
State v. Oscar Porter (069223)green1 sentence2018To establish a prima facie claim, "defendant must allege specific facts and evidence supporting his allegations," and "must do more than make bald assertions that he was denied the effective assistance of counsel." State v. Porter, 216 N.J. 343, 355 (2013); State v. Cummings, 321 N.J. | 1 | 1 |
State v. Nunez-Valdezgreen1 sentence2017Similarly, when a defendant claims ineffective assistance in connection with a guilty plea, he or she must show "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and (ii) 'that there is a reasonable probability that, but for counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial.'" State v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 (1994)). 6 A-3605-15T1 When a defendant raises a claim for ineffective assistance of counsel | 1 | 1 |
State v. DiFriscogreen1 sentence2017Similarly, when a defendant claims ineffective assistance in connection with a guilty plea, he or she must show "(i) counsel's assistance was not 'within the range of competence demanded of attorneys in criminal cases'; and (ii) 'that there is a reasonable probability that, but for counsel's errors, [the defendant] would not have pled guilty and would have insisted on going to trial.'" State v. Nuñez-Valdéz, 200 N.J. 129, 139 (2009) (alteration in original) (quoting State v. DiFrisco, 137 N.J. 434, 457 (1994)). 6 A-3605-15T1 When a defendant raises a claim for ineffective assistance of counsel | 1 | 1 |
State v. Churchdale Leasing, Inc.green2 sentences2011See State v. Churchdale Leasing, Inc., 115 N.J. 83 , 100 557 A. 2d 277 (1989) (a double jeopardy defense raised for the first time on appeal). 2011See State v. Churchdale Leasing, Inc., 115 N.J. 83 , 100 557 A. 2d 277 (1989) (a double jeopardy defense raised for the first time on appeal). | 1 | 1 |
State v. Perrygreen2 sentences2008See State v. Perry, 124 N.J. 128, 194 , 590 A.2d 624 (1991); State v. Abbott, 36 N.J. 63, 72 , 174 A.2d 881 (1961). 2008See State v. Perry, 124 N.J. 128, 194 , 590 A.2d 624 (1991); State v. Abbott, 36 N.J. 63, 72 , 174 A.2d 881 (1961). | 1 | 1 |
Rubio v. Stategreen1 sentence1991See Rubio v. State, 607 S.W. 2d 498 (Tex.Cr.App. 1980); State v. Willis, 370 N.W. 2d 193 (S.D. 1985); and State v. Taylor, 735 S.W. 2d 412 (Mo. App. 1987). | 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. Abbott
green
2 sentences2008See State v. Perry, 124 N.J. 128, 194 , 590 A.2d 624 (1991); State v. Abbott, 36 N.J. 63, 72 , 174 A.2d 881 (1961). 2008See State v. Perry, 124 N.J. 128, 194 , 590 A.2d 624 (1991); State v. Abbott, 36 N.J. 63, 72 , 174 A.2d 881 (1961). | 1 | 2008–2008 |
State v. Kelly
green
2 sentences1994The provision is like the rule that a police officer has no authority to conduct a search unless there is probable cause, or like a defense under the Code of Criminal Justice. 1 In those instances, the issue is not judicially addressable unless and until the defendant moves to suppress, R. 3:5-7, or the defendant raises the defense and there is “any evidence” to support it, State v. Kelly, 97 N.J. 178, 200 , 478 A.2d 364 (1984). 1994The provision is like the rule that a police officer has no authority to conduct a search unless there is probable cause, or like a defense under the Code of Criminal Justice. 1 In those instances, the issue is not judicially addressable unless and until the defendant moves to suppress, R. 3:5-7, or the defendant raises the defense and there is “any evidence” to support it, State v. Kelly, 97 N.J. 178, 200 , 478 A.2d 364 (1984). | 1 | 1994–1994 |
State v. Taylor
green
1 sentence1991See Rubio v. State, 607 S.W. 2d 498 (Tex.Cr.App. 1980); State v. Willis, 370 N.W. 2d 193 (S.D. 1985); and State v. Taylor, 735 S.W. 2d 412 (Mo. App. 1987). | 1 | 1991–1991 |
State v. Willis
green
1 sentence1991See Rubio v. State, 607 S.W. 2d 498 (Tex.Cr.App. 1980); State v. Willis, 370 N.W. 2d 193 (S.D. 1985); and State v. Taylor, 735 S.W. 2d 412 (Mo. App. 1987). | 1 | 1991–1991 |
State v. Rockholt
green
2 sentences1987Rules of Evidence (Anno. 1986), Comment 11 to Evid.R. 55.] Additionally, in State v. Rockholt, supra, 96 N.J. 570 , this Court, without mentioning Rule 55, noted that “under certain circumstances a defendant’s prior convictions ... might be admissible on the issue of predisposition” in the entrapment context. 1987Rules of Evidence (Anno. 1986), Comment 11 to Evid.R. 55.] Additionally, in State v. Rockholt, supra, 96 N.J. 570 , this Court, without mentioning Rule 55, noted that “under certain circumstances a defendant’s prior convictions ... might be admissible on the issue of predisposition” in the entrapment context. | 1 | 1987–1987 |
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.