12 New Jersey opinions name it 3 courts 1980–2022 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 |
|---|---|---|
Matter of Grand Jury Proceedings of Guarinogreen2 sentences2022In deciding A.G.D., we relied on “the New Jersey common law privilege against self-incrimination[, which] affords greater protection to an individual than that accorded under the federal privilege.” Id. at 67 (quoting In re Grand Jury Proc. of Guarino, 104 N.J. 218, 229 (1986)). 2022In deciding A.G.D., we relied on “the New Jersey common law privilege against self-incrimination[, which] affords greater protection to an individual than that accorded under the federal privilege.” Id. at 67 (quoting In re Grand Jury Proc. of Guarino, 104 N.J. 218, 229 (1986)). | 5 | 7 |
Edgewater Park v. Edgewater Park Housing Auth.green2 sentences2009See Edgewater Park Township Committee v. Edgewater Park Housing Authority, 187 N.J.Super. 588, 597 , 455 A.2d 575 (Law Div.1982); Prezlak v. Padrone, 67 N.J.Super. 95, 102 , 169 A.2d 852 (Law Div.1961); Ross v. Miller, 115 N.J.L. 61, 63 , 178 A 771 (Sup.Ct. 1935). 2009See Edgewater Park Township Committee v. Edgewater Park Housing Authority, 187 N.J.Super. 588, 597 , 455 A.2d 575 (Law Div.1982); Prezlak v. Padrone, 67 N.J.Super. 95, 102 , 169 A.2d 852 (Law Div.1961); Ross v. Miller, 115 N.J.L. 61, 63 , 178 A 771 (Sup.Ct. 1935). | 1 | 1 |
State v. Deatoregreen2 sentences1986See State v. Vinegra, 73 N.J. 484, 490 (1977) (recognizing that the New Jersey privilege as expressed in the “target doctrine seems to afford greater protection than that given by the Fifth Amendment.”); State v. Deatore, 70 N.J. 100, 115-16 (1976) (holding as a matter of state law that a party’s post-arrest silence could not be used to impeach his exculpatory alibi testimony at trial, even if federal law did not require this protection). 1986See State v. Vinegra, 73 N.J. 484, 490 (1977) (recognizing that the New Jersey privilege as expressed in the "target doctrine seems to afford greater protection than that given by the Fifth Amendment."); State v. Deatore, 70 N.J. 100, 115-16 (1976) (holding as a matter of state law that a party's post-arrest silence could not be used to impeach his exculpatory alibi testimony at trial, even if federal law did not require this protection). | 1 | 1 |
Murphy v. Waterfront Commission of New York Harborred2 sentences1986We affirm our belief in the Boyd doctrine and hold that the New Jersey common law privilege against self-incrimination protects the individual’s right “to a private enclave where he may lead a private life.” Murphy v. Waterfront Comm’n, 378 U.S. 52, 55, 84 S.Ct. 1594, 1597 , 12 L.Ed.2d 678, 681 (1964). 1986We affirm our belief in the Boyd doctrine and hold that the New Jersey common law privilege against self-incrimination protects the individual’s right “to a private enclave where he may lead a private life.” Murphy v. Waterfront Comm’n, 378 U.S. 52, 55, 84 S.Ct. 1594, 1597 , 12 L.Ed.2d 678, 681 (1964). | 1 | 1 |
State v. Vinegragreen2 sentences1986See State v. Vinegra, 73 N.J. 484, 490 (1977) (recognizing that the New Jersey privilege as expressed in the “target doctrine seems to afford greater protection than that given by the Fifth Amendment.”); State v. Deatore, 70 N.J. 100, 115-16 (1976) (holding as a matter of state law that a party’s post-arrest silence could not be used to impeach his exculpatory alibi testimony at trial, even if federal law did not require this protection). 1986See State v. Vinegra, 73 N.J. 484, 490 (1977) (recognizing that the New Jersey privilege as expressed in the "target doctrine seems to afford greater protection than that given by the Fifth Amendment."); State v. Deatore, 70 N.J. 100, 115-16 (1976) (holding as a matter of state law that a party's post-arrest silence could not be used to impeach his exculpatory alibi testimony at trial, even if federal law did not require this protection). | 1 | 1 |
Couch v. United Statesgreen2 sentences1986To determine whether the evidence sought by the government lies within that sphere of personal privacy a court must look to the “nature of the evidence.” Couch v. United States, 409 U.S. 322, 350 , 93 S.Ct. 611, 626 , 34 L.Ed.2d 548, 566 (1973) (Marshall, J., dissenting). 1986To determine whether the evidence sought by the government lies within that sphere of personal privacy a court must look to the “nature of the evidence.” Couch v. United States, 409 U.S. 322, 350 , 93 S.Ct. 611, 626 , 34 L.Ed.2d 548, 566 (1973) (Marshall, J., dissenting). | 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. Reed
green
2 sentences2022We stated that our Court has “actively embraced the opportunity to move beyond the guidelines of federal directives in pursuit of an unyielding commitment to ensure the proper admissibility of confessions.” Ibid. (quoting Reed, 133 N.J. at 252 ). 2022We stated that our Court has 5 “actively embraced the opportunity to move beyond the guidelines of federal directives in pursuit of an unyielding commitment to ensure the proper admissibility of confessions.” Ibid. (quoting Reed, 133 N.J. at 252 ). | 5 | 2003–2022 |
State v. AGD
green
2 sentences2022In deciding A.G.D., we relied on “the New Jersey common law privilege against self-incrimination[, which] affords greater protection to an individual than that accorded under the federal privilege.” Id. at 67 (quoting In re Grand Jury Proc. of Guarino, 104 N.J. 218, 229 (1986)). 2022In deciding A.G.D., we relied on “the New Jersey common law privilege against self-incrimination[, which] affords greater protection to an individual than that accorded under the federal privilege.” Id. at 67 (quoting In re Grand Jury Proc. of Guarino, 104 N.J. 218, 229 (1986)). | 2 | 2022–2022 |
Prezlak v. Padrone
green
2 sentences2009See Edgewater Park Township Committee v. Edgewater Park Housing Authority, 187 N.J.Super. 588, 597 , 455 A.2d 575 (Law Div.1982); Prezlak v. Padrone, 67 N.J.Super. 95, 102 , 169 A.2d 852 (Law Div.1961); Ross v. Miller, 115 N.J.L. 61, 63 , 178 A 771 (Sup.Ct. 1935). 2009See Edgewater Park Township Committee v. Edgewater Park Housing Authority, 187 N.J.Super. 588, 597 , 455 A.2d 575 (Law Div.1982); Prezlak v. Padrone, 67 N.J.Super. 95, 102 , 169 A.2d 852 (Law Div.1961); Ross v. Miller, 115 N.J.L. 61, 63 , 178 A 771 (Sup.Ct. 1935). | 1 | 2009–2009 |
Ross v. Miller
green
1 sentence2009See Edgewater Park Township Committee v. Edgewater Park Housing Authority, 187 N.J.Super. 588, 597 , 455 A.2d 575 (Law Div.1982); Prezlak v. Padrone, 67 N.J.Super. 95, 102 , 169 A.2d 852 (Law Div.1961); Ross v. Miller, 115 N.J.L. 61, 63 , 178 A 771 (Sup.Ct. 1935). | 1 | 2009–2009 |
State v. Muhammad
green
2 sentences2007Indeed, this Court has recognized that our common-law privilege against self-incrimination, as codified both in N.J.S.A. 2A:84A-19 and N.J.R.E. 503 “offers broader protection than its federal counterpart.” Muhammad, supra, 182 N.J. at 568 , 868 A.2d 302 ; see also Guarino, supra, 104 N.J. at 229 , 516 A.2d 1063 (“In the past, we have held that the New Jersey common law privilege against self-incrimination affords greater protection to an individual than that accorded under the federal privilege.”). 2007Indeed, this Court has recognized that our common-law privilege against self-incrimination, as codified both in N.J.S.A. 2A:84A-19 and N.J.R.E. 503 “offers broader protection than its federal counterpart.” Muhammad, supra, 182 N.J. at 568 , 868 A.2d 302 ; see also Guarino, supra, 104 N.J. at 229 , 516 A.2d 1063 (“In the past, we have held that the New Jersey common law privilege against self-incrimination affords greater protection to an individual than that accorded under the federal privilege.”). | 1 | 2007–2007 |
Jersey Shore Medical Center-Fitkin Hospital v. Estate of Baum
green
2 sentences1990He concluded that "the discrimination against husbands which results from application of the New Jersey common law doctrine of necessaries may be challenged under the equal protection clause of the Fourteenth Amendment." 84 N.J. at 145 , 417 A. 2d 1003 . 1990He concluded that "the discrimination against husbands which results from application of the New Jersey common law doctrine of necessaries may be challenged under the equal protection clause of the Fourteenth Amendment." 84 N.J. at 145 , 417 A. 2d 1003 . | 1 | 1990–1990 |
State v. Blechman
green
2 sentences1980State v. Blechman supra [ 135 N.J.L. 99 ]. 1980State v. Blechman supra [ 135 N.J.L. 99 ]. | 1 | 1980–1980 |
Orr v. Orr
green
2 sentences1980In support of its argument that wives should be liable for the debts of their husbands, the hospital relies on Orr v. Orr, 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979). 1980In support of its argument that wives should be liable for the debts of their husbands, the hospital relies on Orr v. Orr, 440 U.S. 268 , 99 S.Ct. 1102 , 59 L.Ed.2d 306 (1979). | 1 | 1980–1980 |
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.