automatic bar (New Jersey) · Go Syfert
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automatic bar in New Jersey

11 New Jersey opinions name it 2 courts 1974–2016 0 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.

Followed or applied (7)

CaseFollowedCited
Hines v. Kellygreen
nyappdiv · 1995 · cited in 2 New Jersey opinions naming this issue, 2014–2014
2 sentences

2014App. Div. 2013) ("Although petitioner's Certificate of Relief from Disabilities removed the automatic bar to licensure occasioned by his prior convictions, it 'did not prevent respondent from relying on the convictions in the exercise of his statutory discretion to deny a [firearm] license for lack of good moral character or good cause.'" (quoting Hines v. Kelly, 635 N.Y.S.2d 31, 32 (N.Y.

2014See Matter of Caputo v. Kelly, 117 A.D.3d 644 , 987 N.Y.S.2d 46 , 47 (2013) (“Although petitioner's Certificate of Relief from Disabilities removed the automatic bar to licensure occasioned by his prior convictions, it 'did not prevent respondent from relying on the convictions in the exercise of his statutoiy discretion to deny a [firearm] license for lack of good moral character or good cause.' “ (quoting Hines v. Kelly, 222 A.D.2d 277, 635 N.Y.S.2d 31, 32 (N.Y.App.Div.1985))).

22
State v. Powellgreen
nj · 1980 · cited in 2 New Jersey opinions naming this issue, 1985–1987
2 sentences

1987However, the court specifically said, "We do not advocate use of such an automatic rule in this State." Ibid.

1985See Powell, 84 N.J. at 316 n. 12. ("We do not advocate use of such an automatic rule in this State.’’) To that extent, the opinion is consistent with the Code of Criminal Justice, which did not apply in Powell , the offense having predated the effective date of the Act, see N.J.S.A. 2C:1-8(e): “Submission of Included Offense to Jury.

12
Taylor v. Taintorgreen
scotus · 1873 · cited in 1 New Jersey opinions naming this issue, 2016–2016
2 sentences

2016The Court agreed there could be circumstances in which the "impossibility of securing the defendant's presence may play a role in assessing a surety's motion for remission and in the appropriate case, relief may be granted." Id. at 216 (citing Taylor v. Taintor, 83 U.S. (16 Wall.) 366, 369 , 21 L.

2016The Court agreed there could be circumstances in which the "impossibility of securing the defendant's presence may play a role in assessing a surety's motion for remission and in the appropriate case, relief may be granted." Id. at 216 (citing Taylor v. Taintor, 83 U.S. (16 Wall.) 366, 369 , 21 L.

11
Caputo v. Kellygreen
nyappdiv · 2014 · cited in 1 New Jersey opinions naming this issue, 2014–2014
2 sentences

2014See Matter of Caputo v. Kelly, 117 A.D.3d 644 , 987 N.Y.S.2d 46 , 47 (2013) (“Although petitioner's Certificate of Relief from Disabilities removed the automatic bar to licensure occasioned by his prior convictions, it 'did not prevent respondent from relying on the convictions in the exercise of his statutoiy discretion to deny a [firearm] license for lack of good moral character or good cause.' “ (quoting Hines v. Kelly, 222 A.D.2d 277, 635 N.Y.S.2d 31, 32 (N.Y.App.Div.1985))).

2014See Matter of Caputo v. Kelly, 117 A.D.3d 644 , 987 N.Y.S.2d 46 , 47 (2013) (“Although petitioner's Certificate of Relief from Disabilities removed the automatic bar to licensure occasioned by his prior convictions, it 'did not prevent respondent from relying on the convictions in the exercise of his statutoiy discretion to deny a [firearm] license for lack of good moral character or good cause.' “ (quoting Hines v. Kelly, 222 A.D.2d 277, 635 N.Y.S.2d 31, 32 (N.Y.App.Div.1985))).

11
In re Freedmangreen
nyappdiv · 1995 · cited in 1 New Jersey opinions naming this issue, 2014–2014
1 sentence

2014See Matter of Caputo v. Kelly, 117 A.D.3d 644 , 987 N.Y.S.2d 46 , 47 (2013) (“Although petitioner's Certificate of Relief from Disabilities removed the automatic bar to licensure occasioned by his prior convictions, it 'did not prevent respondent from relying on the convictions in the exercise of his statutoiy discretion to deny a [firearm] license for lack of good moral character or good cause.' “ (quoting Hines v. Kelly, 222 A.D.2d 277, 635 N.Y.S.2d 31, 32 (N.Y.App.Div.1985))).

11
John Bollard v. The California Province Of The Society Of Jesusgreen
ca9 · 1999 · cited in 1 New Jersey opinions naming this issue, 2002–2002
2 sentences

2002Bollard, supra, 196 F. 3d at 948, 950; Minker, supra, 894 F.2d at 1360 .

2002Bollard, supra, 196 F. 3d at 948, 950; Minker, supra, 894 F.2d at 1360 .

11
Szczepanski v. Newcomb Medical Center, Inc.green
nj · 1995 · cited in 1 New Jersey opinions naming this issue, 1996–1996
2 sentences

1996Szczepanski, supra, 141 N.J. at 367, 661 A. 2d 1232 .

1996Szczepanski, supra, 141 N.J. at 367, 661 A. 2d 1232 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Kent Motor Cars, Inc. v. Reynolds & Reynolds, Co. green
nj · 2011
2 sentences

2012However, the Supreme Court eventually returned its application to claim preclusion only and chose to address "`[t]he goals of avoiding piecemeal litigation and creating efficiency as related to parties . . . by substituting the mechanism of disclosure for the automatic requirement of joinder.'" Ibid. (alterations in original) (quoting Kent Motor Cars, Inc. v. Reynolds & Reynolds, Co., 207 N.J. 428, 444 , 25 A. 3d 1027 (2011)).

2012However, the Supreme Court eventually returned its application to claim preclusion only and chose to address "`[t]he goals of avoiding piecemeal litigation and creating efficiency as related to parties . . . by substituting the mechanism of disclosure for the automatic requirement of joinder.'" Ibid. (alterations in original) (quoting Kent Motor Cars, Inc. v. Reynolds & Reynolds, Co., 207 N.J. 428, 444 , 25 A. 3d 1027 (2011)).

22011–2012
State v. Ventura green
nj · 2008
2 sentences

2016The Court recognized that in Poon, we "rejected an automatic rule against remission solely because the defendant had not been returned." Ventura, supra, 196 N.J. at 216-18 .

2016The Court recognized that in Poon, we "rejected an automatic rule against remission solely because the defendant had not been returned." Ventura, supra, 196 N.J. at 216-18 .

12016–2016
700 Highway 33 LLC v. Pollio green
njsuperctappdiv · 2011
1 sentence

2012However, the Supreme Court eventually returned its application to claim preclusion only and chose to address "`[t]he goals of avoiding piecemeal litigation and creating efficiency as related to parties . . . by substituting the mechanism of disclosure for the automatic requirement of joinder.'" Ibid. (alterations in original) (quoting Kent Motor Cars, Inc. v. Reynolds & Reynolds, Co., 207 N.J. 428, 444 , 25 A. 3d 1027 (2011)).

12012–2012
Puder v. Buechel green
nj · 2005
2 sentences

2007Id. at 442-43 , 874 A. 2d 534 . *139 Plaintiff countered that the settlement with the nursing homes was not an automatic bar to its malpractice suit against Squitieri.

2007Id. at 442-43 , 874 A. 2d 534 . *139 Plaintiff countered that the settlement with the nursing homes was not an automatic bar to its malpractice suit against Squitieri.

12007–2007
Ralph L. Minker v. Baltimore Annual Conference of United Methodist Church and Bishop Joseph A. Yeakel green
cadc · 1990
2 sentences

2002Bollard, supra, 196 F. 3d at 948, 950; Minker, supra, 894 F.2d at 1360 .

2002Bollard, supra, 196 F. 3d at 948, 950; Minker, supra, 894 F.2d at 1360 .

12002–2002
Irving Investment Corp. v. Gordon green
nj · 1949
1 sentence

1974Irving Investment Corp. v. Gordon, 3 N.J. 217 (1949).

11974–1974

Where else courts name it

CA 42 (1953–2021) NY 35 (1976–2025) LA 35 (1957–2024) PA 32 (1971–2026) TX 32 (1978–2026) MI 31 (1974–2024) MS 25 (1986–2024) FL 21 (1986–2024) IL 21 (1973–2024) WA 16 (1943–2024) OH 16 (1990–2025) MA 13 (1976–2025) GA 12 (1977–2022) MD 12 (1992–2025) KY 12 (1978–2026) CT 11 (1980–2024) AL 11 (1959–2024) NJ 11 (1974–2016) AZ 10 (1990–2023) NM 10 (1983–2023) IA 9 (1992–2022) ID 9 (1997–2022) UT 9 (1986–2025) TN 7 (2003–2024) NC 7 (1959–2026) NH 7 (1992–2015) DC 7 (1947–2020) WV 6 (1980–2021) IN 6 (1982–2018) MO 5 (1976–2020) CO 5 (1976–2022) VA 5 (1991–2014) VT 4 (1997–2024) SC 3 (1988–2004) RI 3 (2000–2018) WY 3 (2003–2023) DE 3 (2002–2025) SD 2 (2000–2010) MN 2 (1968–2016) OK 2 (1981–1987) AK 2 (2023–2023) WI 2 (1980–2009) OR 2 (1982–1982)

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.

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