facts upon claim (New Jersey) · Go Syfert
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facts upon claim in New Jersey

11 New Jersey opinions name it 1 courts 1963–2022 2 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
State v. Robinsongreen
nj · 2009 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022"For sound jurisprudential reasons, with few exceptions, '[we] will decline to consider questions or issues not properly presented to the trial court when an opportunity for such a presentation is available.'" State v. Witt, 223 N.J. 409, 419 (2015) (quoting State v. Robinson, 200 N.J. 1, 20 (2009)).

11
State v. William L. Witt(074468)green
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022"For sound jurisprudential reasons, with few exceptions, '[we] will decline to consider questions or issues not properly presented to the trial court when an opportunity for such a presentation is available.'" State v. Witt, 223 N.J. 409, 419 (2015) (quoting State v. Robinson, 200 N.J. 1, 20 (2009)).

11
State v. Terry C. Jones (070733)green
nj · 2014 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021See Jones, 219 N.J. at 312 .

11
United States v. Olanogreen
scotus · 1993 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Since the contentions were not raised before the PCR judge, defendant must show plain error, meaning trial counsel's alleged ineffectiveness was "clearly capable of producing an unjust result," R. 2:10-2., affecting his "substantial rights," State v. Chew, 150 N.J. 30, 82 (1997) (quoting United States v. Olano, 507 U.S. 725, 734 (1993)).

11
State v. Chewgreen
nj · 1997 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Since the contentions were not raised before the PCR judge, defendant must show plain error, meaning trial counsel's alleged ineffectiveness was "clearly capable of producing an unjust result," R. 2:10-2., affecting his "substantial rights," State v. Chew, 150 N.J. 30, 82 (1997) (quoting United States v. Olano, 507 U.S. 725, 734 (1993)).

11
State v. Hildgreen
njsuperctappdiv · 1977 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., State v. Hild, 148 N.J.

11
State v. Canngreen
njsuperctappdiv · 2001 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017"A petition is time-barred if it does not claim excusable neglect, or allege the facts relied on to support that claim." State v. Cann, 342 N.J.

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
State v. Cummings green
njsuperctappdiv · 1999
2 sentences

2020However, we require a petitioner to state "with specificity the facts upon which the claim for relief is based." R. 3:22-8. "[A] petitioner must do more than make bald assertions that [s]he was denied the effective assistance of counsel. [S]he must allege facts sufficient to demonstrate counsel's alleged substandard performance." Cummings, 321 N.J.

2020He must allege facts sufficient to demonstrate counsel's alleged substandard performance." Cummings, 321 N.J.

22020–2020
Strickland v. Washington green
scotus · 1984
1 sentence

2019He further certified that he did not "present certain facts during the trial, because the [State] fraudulently prevented [him] from discovering them." PCR counsel also filed a twenty-page brief in which he argued: 1) defendant's claims were not procedurally barred under Rule 3:22; 2) trial counsel was ineffective under the two-prong test set out in Strickland v. Washington, 466 U.S. 668 (1984); and 3) defendant was entitled to an evidentiary hearing.

12019–2019
In Re Johns-Manville Corp. green
nysd · 1984
1 sentence

1996All such claims shall be verified by the affidavit of the claimant, or someone authorized to act on his behalf and having knowledge of the facts, and shall be supported by such documents as may be material thereto.” (emphasis added) The Bankruptcy Court in In re Johns-Manville Corp., 36 B.R. 121 (Bankr.S.D.N.Y.1984), appeal denied, 39 B.R. 234 (S.D.N.Y.1984) and 36 B.R. 743 (Bankr.S.D.N.Y.1984), adopted a trust fund approach.

11996–1996
In Re Johns-Manville Corp. green
nysb · 1984
1 sentence

1996All such claims shall be verified by the affidavit of the claimant, or someone authorized to act on his behalf and having knowledge of the facts, and shall be supported by such documents as may be material thereto.” (emphasis added) The Bankruptcy Court in In re Johns-Manville Corp., 36 B.R. 121 (Bankr.S.D.N.Y.1984), appeal denied, 39 B.R. 234 (S.D.N.Y.1984) and 36 B.R. 743 (Bankr.S.D.N.Y.1984), adopted a trust fund approach.

11996–1996
Nagy v. McBurney green
ri · 1978
1 sentence

1983The standard in other states has been an honest and reasonable belief by a complainant that he has a good chance of establishing a cause of action to the satisfaction of the court, Nagy v. McBurney, 392 A. 2d 365 (R.I.Sup.Ct. 1978), or a *270 reasonable belief in the facts upon which the claim is based and that those facts constitute a valid claim.

11983–1983
Feil v. Senisi green
njsuperctappdiv · 1950
1 sentence

1963Feil v. Senisi, 7 N.J.

11963–1963

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:35-5 (4)

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

PA 1269 (1903–2026) IL 100 (1906–2025) CA 39 (1876–2022) NY 28 (1883–2022) CT 26 (1932–2002) TN 20 (1986–2021) IN 19 (1870–2025) OH 19 (1920–2026) OK 19 (1909–1996) TX 18 (1903–2018) GA 15 (1917–1992) LA 14 (1948–2024) MN 12 (1915–2008) FL 12 (1939–2011) KY 12 (1923–2025) NJ 11 (1963–2022) MD 10 (1915–2017) MI 9 (1916–1993) AZ 8 (1910–2019) VA 8 (1897–2013) WA 8 (1928–2021) OR 7 (1896–1979) MO 6 (1938–2012) WY 6 (1988–2024) MS 5 (2005–2008) SC 5 (1908–2000) IA 5 (1897–1967) KS 4 (1903–1921) WI 4 (1905–2007) NM 4 (1946–1987) ID 4 (1905–2004) AL 4 (1975–1985) UT 3 (2008–2020) NC 3 (1973–2014) NE 2 (1926–1941) AR 2 (1994–2003) HI 2 (2012–2019) ME 2 (2000–2001) MA 2 (1986–2006)

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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