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11 New Jersey opinions name it 1 courts 2016–2025 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 |
|---|---|---|
State v. Jonesgreen1 sentence2022State v. Jones, 232 N.J. 308, 318 (2018). | 1 | 1 |
State v. Reddishgreen1 sentence2020Finally, "[a]s an indication of the paramount importance of accurate jury instructions, we have held that erroneous instructions on material issues are presumed to be reversible error." [State v. Reddish, 181 N.J. 553, 613 (2004) (quoting State v. Marshall, 173 N.J. 343, 359 (2002)) (citation omitted).] The driving while license is suspended or revoked statute provides, in pertinent part: It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequ | 1 | 1 |
State v. Marshallgreen1 sentence2020Finally, "[a]s an indication of the paramount importance of accurate jury instructions, we have held that erroneous instructions on material issues are presumed to be reversible error." [State v. Reddish, 181 N.J. 553, 613 (2004) (quoting State v. Marshall, 173 N.J. 343, 359 (2002)) (citation omitted).] The driving while license is suspended or revoked statute provides, in pertinent part: It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if the actor's license was suspended or revoked for a second or subsequ | 1 | 1 |
In the Matter of the Estate of Michael D. Fisher, IIgreen1 sentence2019N.J.S.A. 39:4-50(a)(3) provides that "if the second offense occurs more than [ten] years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes . . . ." "It is well settled that the goal of statutory interpretation is to ascertain and effectuate the Legislature's intent." In re Estate of Fisher, 443 N.J. | 1 | 1 |
O'CONNELL v. Stategreen1 sentence2017We reject defendant's interpretation of N.J.S.A. 2C:40-26(b) because it is not our function "to 'rewrite a plainly-written enactment of the Legislature [] or presume that the Legislature intended something other than that expressed by way of the plain language.'" DiProspero, supra, 183 N.J. at 492 (quoting O'Connell v. State, 171 N.J. 484, 488 (2002)). | 1 | 1 |
State of New Jersey v. Robert Luzhakgreen1 sentence2017A person convicted of an offense under this subsection shall be sentenced to a term of imprisonment. 5 A-0923-15T3 In State v. Luzhak, 445 N.J. | 1 | 1 |
State v. Marquezgreen1 sentence2016Furthermore, if a statute's plain language is ambiguous or subject to multiple interpretations, the Court "may consider extrinsic evidence including legislative history and committee reports." [State v. Marquez, 202 N.J. 485, 500 (2010)]. [State v. Frye, 217 N.J. 566, 575 (2014).] 5 A-2445-14T3 N.J.S.A. 2C:40-26(b) states in pertinent part: It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of [N.J.S.A. 39:3-40], if the actor's license was suspended or revoked for a second or subsequent violation of [N.J.S.A. 39:4-50] . . . | 1 | 1 |
State v. Roger Paul Frye (070975)green1 sentence2016Furthermore, if a statute's plain language is ambiguous or subject to multiple interpretations, the Court "may consider extrinsic evidence including legislative history and committee reports." [State v. Marquez, 202 N.J. 485, 500 (2010)]. [State v. Frye, 217 N.J. 566, 575 (2014).] 5 A-2445-14T3 N.J.S.A. 2C:40-26(b) states in pertinent part: It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of [N.J.S.A. 39:3-40], if the actor's license was suspended or revoked for a second or subsequent violation of [N.J.S.A. 39:4-50] . . . | 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. Ciancaglini
green
2 sentences2018N.J.S.A. 2C:40-26(b) reads: "[i]t shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of [N.J.S.A.] 39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of [N.J.S.A.] 39:4-50 or [ N.J.S.A. 39:4-50.4a ]." Relying on State v. Ciancaglini , 204 N.J. 597 , 10 A.3d 870 (2011), defendant argues the reference in N.J.S.A. 2C:40-26(b) to a second or subsequent violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a means a single conviction under each section of the *340 Motor Vehicle Code does not s 2018N.J.S.A. 2C:40-26(b) reads: "[i]t shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of [N.J.S.A.] 39:3-40, if the actor's license was suspended or revoked for a second or subsequent violation of [N.J.S.A.] 39:4-50 or [ N.J.S.A. 39:4-50.4a ]." Relying on State v. Ciancaglini , 204 N.J. 597 , 10 A.3d 870 (2011), defendant argues the reference in N.J.S.A. 2C:40-26(b) to a second or subsequent violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a means a single conviction under each section of the *340 Motor Vehicle Code does not s | 2 | 2018–2018 |
State v. Bieniek
green
1 sentence2025The court is required "to give added weight to the treatment provider’s recommendation that the person’s special probation be permanently revoked, or to the treatment provider’s opinion that the person is not amenable to treatment or is not likely to complete the treatment program successfully." Ibid. | 1 | 2025–2025 |
State v. Cuccurullo
neutral
1 sentence2024The statutes' shared purpose is "to discourage [individuals] from driving from the moment [their] DWI license suspension[s] [are] imposed until after [they] ha[ve] served the DWI suspension." Cuccurullo, 228 N.J. | 1 | 2024–2024 |
State v. Donis
green
1 sentence2019On appeal, defendant contends the police violated State v. Donis, 157 N.J. 44 (1998), by illegally accessing personal information during a mobile data terminal (MDT) random license plate check on the vehicle she was driving. | 1 | 2019–2019 |
DiProspero v. Penn
green
2 sentences2017We reject defendant's interpretation of N.J.S.A. 2C:40-26(b) because it is not our function "to 'rewrite a plainly-written enactment of the Legislature [] or presume that the Legislature intended something other than that expressed by way of the plain language.'" DiProspero, supra, 183 N.J. at 492 (quoting O'Connell v. State, 171 N.J. 484, 488 (2002)). 2017We reject defendant's interpretation of N.J.S.A. 2C:40-26(b) because it is not our function "to 'rewrite a plainly-written enactment of the Legislature [] or presume that the Legislature intended something other than that expressed by way of the plain language.'" DiProspero, supra, 183 N.J. at 492 (quoting O'Connell v. State, 171 N.J. 484, 488 (2002)). | 1 | 2017–2017 |
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.
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.