defendant may rebut presumption (New Jersey) · Go Syfert
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defendant may rebut presumption in New Jersey

11 New Jersey opinions name it 1 courts 2015–2026 8 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 (2)

CaseFollowedCited
State v. Arthurgreen
nj · 2005 · cited in 8 New Jersey opinions naming this issue, 2024–2026
2 sentences

2026However, a defendant may rebut the presumption of effectiveness by proving trial counsel's actions were not "sound trial strategy." State v. Arthur, 184 N.J. 307, 319 (2005) (quoting Strickland, 466 U.S. at 689 ).

2025A defendant may rebut the presumption A-0026-23 15 of effectiveness by proving trial counsel's actions were not "sound trial strategy." Arthur, 184 N.J. at 319 (quoting Strickland, 466 U.S. at 689 ).

18
State v. William Roseman and Lori Lewin (073674)green
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017"A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and establishing that a decision against enrollment would be arbitrary and unreasonable.'" Ibid. (quoting Guideline 3(i)). "'[A] defendant must demonstrate something extraordinary or unusual,' not merely 'that the accused is a first-time offender and has admitted or accepted responsibility for the crime.'" Ibid. (quoting Nwobu, 6 A-3305-15T4 supra, 139 N.J. at 252 ). "[T]his is a fact-sensitive analysis that requires consideration of 'idiosyncratic' circumstances demonstrating that denial

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 (4)

CaseCitedYears
Strickland v. Washington green
scotus · 1984
2 sentences

2026However, a defendant may rebut the presumption of effectiveness by proving trial counsel's actions were not "sound trial strategy." State v. Arthur, 184 N.J. 307, 319 (2005) (quoting Strickland, 466 U.S. at 689 ).

2025A defendant may rebut the presumption A-0026-23 15 of effectiveness by proving trial counsel's actions were not "sound trial strategy." Arthur, 184 N.J. at 319 (quoting Strickland, 466 U.S. at 689 ).

82024–2026
State v. Nwobu green
nj · 1995
2 sentences

2017"A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and establishing that a decision against enrollment would be arbitrary and unreasonable.'" Ibid. (quoting Guideline 3(i)). "'[A] defendant must demonstrate something extraordinary or unusual,' not merely 'that the accused is a first-time offender and has admitted or accepted responsibility for the crime.'" Ibid. (quoting Nwobu, 6 A-3305-15T4 supra, 139 N.J. at 252 ). "[T]his is a fact-sensitive analysis that requires consideration of 'idiosyncratic' circumstances demonstrating that denial

2017"A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and establishing that a decision against enrollment would be arbitrary and unreasonable.'" Ibid. (quoting Guideline 3(i)). "'[A] defendant must demonstrate something extraordinary or unusual,' not merely 'that the accused is a first-time offender and has admitted or accepted responsibility for the crime.'" Ibid. (quoting Nwobu, 6 A-3305-15T4 supra, 139 N.J. at 252 ). "[T]his is a fact-sensitive analysis that requires consideration of 'idiosyncratic' circumstances demonstrating that denial

22015–2017
State v. Caliguiri green
nj · 1999
2 sentences

2017"A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and establishing that a decision against enrollment would be arbitrary and unreasonable.'" Ibid. (quoting Guideline 3(i)). "'[A] defendant must demonstrate something extraordinary or unusual,' not merely 'that the accused is a first-time offender and has admitted or accepted responsibility for the crime.'" Ibid. (quoting Nwobu, 6 A-3305-15T4 supra, 139 N.J. at 252 ). "[T]his is a fact-sensitive analysis that requires consideration of 'idiosyncratic' circumstances demonstrating that denial

2017"A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and establishing that a decision against enrollment would be arbitrary and unreasonable.'" Ibid. (quoting Guideline 3(i)). "'[A] defendant must demonstrate something extraordinary or unusual,' not merely 'that the accused is a first-time offender and has admitted or accepted responsibility for the crime.'" Ibid. (quoting Nwobu, 6 A-3305-15T4 supra, 139 N.J. at 252 ). "[T]his is a fact-sensitive analysis that requires consideration of 'idiosyncratic' circumstances demonstrating that denial

22015–2017
State of New Jersey v. Antwain T. Waters green
njsuperctappdiv · 2015
2 sentences

2017Therefore, the presumption applied here. 7 A-2812-15T1 "A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and establishing that a decision against enrollment would be arbitrary and unreasonable.'" Waters, supra, 439 N.J.

2017Therefore, the presumption applied here. 7 A-2812-15T1 "A defendant may rebut the presumption by 'showing compelling reasons justifying the applicant's admission and establishing that a decision against enrollment would be arbitrary and unreasonable.'" Waters, supra, 439 N.J.

12017–2017

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:39-4 (4) NJ § N.J. Stat. § 2C:12-1 (3) NJ § N.J. Stat. § 2C:35-4 (3) NJ § N.J. Stat. § 2C:39-5 (3) NJ § N.J. Stat. § 2C:39-7 (3) NJ § N.J. Stat. § 2C:43-12 (3)

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.

Where else courts name it

TX 39 (1982–2016) IL 18 (1924–2026) WI 15 (1989–2025) NJ 11 (2015–2026) LA 11 (1983–2019) WA 9 (1986–2026) MS 6 (2009–2017) NC 5 (1982–2011) MI 5 (2014–2025) NY 4 (1870–2025) AZ 3 (2007–2017) IN 3 (1986–1998) OH 3 (1991–2013) DC 3 (2018–2024) UT 3 (2007–2023) CT 3 (2005–2012) CA 2 (2021–2025) MA 2 (2008–2008)

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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