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12 New Jersey opinions name it 2 courts 1985–2022 4 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 |
|---|---|---|
Illinois v. McArthurgreen2 sentences2021Seemingly true — by itself — but as in 13 The United States Supreme Court in McArthur held a warrantless seizure of a person to prevent him from returning to his trailer to destroy marijuana hidden inside was not "per se unreasonable" because "[i]t involve[d] a plausible claim of specially pressing or urgent law enforcement need, i.e., 'exigent circumstances.'" 531 U.S. at 331 . 2017The Supreme Court upheld the temporary securing of the trailer as reasonable because the case “involve[d] a plausible claim of specially pressing or urgent law enforcement need, ie., ‘exigent circumstances.’ ” Id. at 331 , 121 S.Ct. at 950 , 148 L.Ed.2d at 847 (emphasis added). | 1 | 3 |
Roviaro v. United Statesgreen2 sentences2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). 2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). | 1 | 1 |
State v. Davisgreen2 sentences1999In short, counsel’s failure to investigate “rob[bed]” his trial strategy of “any presumption of-competence.” Id. at 622 , 577 A.2d 455 (quoting Davis, supra, 116 N.J. at 357 , 561 A.2d 1082 ); see id. at 625 , 577 A.2d 455 ; id. at 644 , 577 A.2d 455 (Handler, J., concurring in part and dissenting in part) (holding failure to investigate and lack of preparation supported presumption of prejudice). 1999In short, counsel’s failure to investigate “rob[bed]” his trial strategy of “any presumption of-competence.” Id. at 622 , 577 A.2d 455 (quoting Davis, supra, 116 N.J. at 357 , 561 A.2d 1082 ); see id. at 625 , 577 A.2d 455 ; id. at 644 , 577 A.2d 455 (Handler, J., concurring in part and dissenting in part) (holding failure to investigate and lack of preparation supported presumption of prejudice). | 1 | 1 |
State v. Savagegreen2 sentences1999In the Court's view, "defense counsel failed thoroughly to consider the soundness of his own strategy and was thus unable to conclude that he was pursuing a plausible defense." Ibid. 1999In the Court’s view, “defense counsel failed thoroughly to consider the soundness of his own strategy and was thus unable to conclude that he was pursuing a plausible defense.” Ibid. | 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 of New Jersey v. Alice O'Donnell
green
2 sentences2022We noted that the defendant "presented a plausible claim . . . that her attorney . . . urged her to plead guilty without adequate explanation despite months of preparation for trial." Id. at 376 . 2021In State v. O'Donnell, we reversed the denial of PCR without an evidentiary hearing noting that the defendant had "presented a plausible claim . . . that her attorney . . . urged her to plead guilty without adequate explanation despite months of preparation for trial" in a case where a potential diminished capacity defense was supported by both an expert opinion and by the defendant's mental health history. 435 N.J. | 3 | 2020–2022 |
State v. Milligan
green
2 sentences2003We stated in Williams: Our Supreme Court has outlined instances in which the privilege is inapplicable: where the informant's identity is already known to those who might pose a risk of retaliation against the informant; where the identity of the informant is relevant and helpful to the defense or is essential to a fair determination of the case; where the informant is an essential witness to an issue that is basic to the case; where the informant actively participated in the crime for which defendant is charged; where entrapment is a plausible defense; and where disclosure is mandated by fund 2003We stated in Williams: Our Supreme Court has outlined instances in which the privilege is inapplicable: where the informant's identity is already known to those who might pose a risk of retaliation against the informant; where the identity of the informant is relevant and helpful to the defense or is essential to a fair determination of the case; where the informant is an essential witness to an issue that is basic to the case; where the informant actively participated in the crime for which defendant is charged; where entrapment is a plausible defense; and where disclosure is mandated by fund | 2 | 2003–2003 |
Danek v. Hommer
green
1 sentence2021Danek, 28 N.J. | 1 | 2021–2021 |
Saranchak v. Beard
green
1 sentence2020We concluded that "defendant presented a plausible claim, supported by the court's finding of [plea counsel's] misrepresentation and dereliction of professional duty, that her [plea counsel] failed to confer with her to obtain a second expert opinion as promised and urged her to plead guilty without adequate explanation . . . ." Id. at 376 .1 1 The federal cases cited by defendant, see Newman v. Harrington, 726 F.3d 921 (7th Cir. 2013), Miller v. Dretke, 420 F.3d 356 (5th Cir. 2005), and Saranchak v. Beard, 616 F.3d 292 (3d Cir. 2010), are similarly distinguishable. | 1 | 2020–2020 |
Kathy Yolande Miller v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division
green
1 sentence2020We concluded that "defendant presented a plausible claim, supported by the court's finding of [plea counsel's] misrepresentation and dereliction of professional duty, that her [plea counsel] failed to confer with her to obtain a second expert opinion as promised and urged her to plead guilty without adequate explanation . . . ." Id. at 376 .1 1 The federal cases cited by defendant, see Newman v. Harrington, 726 F.3d 921 (7th Cir. 2013), Miller v. Dretke, 420 F.3d 356 (5th Cir. 2005), and Saranchak v. Beard, 616 F.3d 292 (3d Cir. 2010), are similarly distinguishable. | 1 | 2020–2020 |
Melvin Newman v. Rick Harrington
green
1 sentence2020We concluded that "defendant presented a plausible claim, supported by the court's finding of [plea counsel's] misrepresentation and dereliction of professional duty, that her [plea counsel] failed to confer with her to obtain a second expert opinion as promised and urged her to plead guilty without adequate explanation . . . ." Id. at 376 .1 1 The federal cases cited by defendant, see Newman v. Harrington, 726 F.3d 921 (7th Cir. 2013), Miller v. Dretke, 420 F.3d 356 (5th Cir. 2005), and Saranchak v. Beard, 616 F.3d 292 (3d Cir. 2010), are similarly distinguishable. | 1 | 2020–2020 |
State v. Slater
green
2 sentences2009Slater holds that a defendant who has provided a factual basis for his guilty plea may establish a plausible claim of innocence and a reason for withdrawal of a plea by asserting that he was not aware of a possible defense when he pled guilty. 198 N.J. at 163-65 , 966 A. 2d 461 . 2009Slater holds that a defendant who has provided a factual basis for his guilty plea may establish a plausible claim of innocence and a reason for withdrawal of a plea by asserting that he was not aware of a possible defense when he pled guilty. 198 N.J. at 163-65 , 966 A. 2d 461 . | 1 | 2009–2009 |
State v. Oliver
green
2 sentences2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). 2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). | 1 | 2003–2003 |
State v. Williams
green
1 sentence2003We stated in Williams: Our Supreme Court has outlined instances in which the privilege is inapplicable: where the informant's identity is already known to those who might pose a risk of retaliation against the informant; where the identity of the informant is relevant and helpful to the defense or is essential to a fair determination of the case; where the informant is an essential witness to an issue that is basic to the case; where the informant actively participated in the crime for which defendant is charged; where entrapment is a plausible defense; and where disclosure is mandated by fund | 1 | 2003–2003 |
Cashen v. Spann
green
2 sentences2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). 2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). | 1 | 2003–2003 |
Delta County Levee Improvement District No. 2 v. Leonard
green
1 sentence2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). | 1 | 2003–2003 |
Wright v. United States
green
1 sentence2003Milligan, supra, 71 N.J. at 384 , 365 A. 2d 914 (citing Roviaro v. United States 353 U.S. 53, 62 , 77 S.Ct. 623, 628 , 1 L.Ed. 2d 639, 646 (1957)); Cashen v. Spann, 66 N.J. 541, 553 , 334 A. 2d 8 , cert. denied, 423 U.S. 829 , 96 S.Ct. 48 , 46 L.Ed. 2d 46 (1975); State v. Oliver, 50 N.J. 39, 43-46 , 231 A. 2d 805 (1967). | 1 | 2003–2003 |
Linmark Associates, Inc. v. Township of Willingboro
green
1 sentence1985If dissemination of this information can be restricted, then every locality in the country can suppress any facts that reflect poorly on the locality; so long as a plausible claim can be made that disclosure would cause the recipients of the information to act “irrationally.” [at 96, 97 S.Ct. at 1620 ] Here the code restricts the free flow of data. | 1 | 1985–1985 |
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.