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10 New Jersey opinions name it 2 courts 1976–2013 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.
| Case | Followed | Cited |
|---|---|---|
State v. Davisgreen2 sentences2013In Davis, supra, the Court noted that [s]uch an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; and the consequences of the criminal standards transgressed. [ 68 N.J. at 81 , 342 A.2d 841 .] In Diaz, supra, the Court addressed the issue of “whether a conviction for possession of a firearm for 2013In Davis, supra, the Court noted that [s]uch an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; and the consequences of the criminal standards transgressed. [ 68 N.J. at 81 , 342 A.2d 841 .] In Diaz, supra, the Court addressed the issue of “whether a conviction for possession of a firearm for | 1 | 9 |
State v. Diazgreen2 sentences2013In Davis, supra, the Court noted that [s]uch an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; and the consequences of the criminal standards transgressed. [ 68 N.J. at 81 , 342 A.2d 841 .] In Diaz, supra, the Court addressed the issue of “whether a conviction for possession of a firearm for 2013In Davis, supra, the Court noted that [s]uch an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; and the consequences of the criminal standards transgressed. [ 68 N.J. at 81 , 342 A.2d 841 .] In Diaz, supra, the Court addressed the issue of “whether a conviction for possession of a firearm for | 1 | 2 |
State v. Trugliagreen2 sentences1996Such an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; and the consequences of the criminal standards transgressed. [ State v. Davis, supra, 68 N.J. at 81 , 342 A. 2d 841 .] See, also, State v. Truglia, 97 N.J. 513, 518-522 , 480 A. 2d 912 (1984). 1996Such an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; and the consequences of the criminal standards transgressed. [ State v. Davis, supra, 68 N.J. at 81 , 342 A. 2d 841 .] See, also, State v. Truglia, 97 N.J. 513, 518-522 , 480 A. 2d 912 (1984). | 1 | 2 |
State v. Bestgreen2 sentences1984This represents a more mechanical approach to merger than the flexible course formulated in State v. Davis, 68 N.J. 69 (1975), and followed thereafter, see, e.g., State v. Mirault, supra, 92 N.J. 492 ; State v. Best, supra, 70 N.J. 56 : Such an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; a 1984This represents a more mechanical approach to merger than the flexible course formulated in State v. Davis, 68 N.J. 69 (1975), and followed thereafter, see, e.g., State v. Mirault, supra, 92 N.J. 492 ; State v. Best, supra, 70 N.J. 56 : Such an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; a | 1 | 2 |
State v. Miraultgreen2 sentences1986Certainly there are other factors to be considered and, along with the above, accorded greater or lesser weight depending on the circumstances of the particular case. [ Davis, supra, 68 N.J. at 81 ]. *568 See also, State v. Truglia, 97 N.J. 513, 518-522 (1984); State v. Mirault, 92 N.J. 492, 501-504 (1983); Best, supra, 70 N.J. at 61-63. 1984This represents a more mechanical approach to merger than the flexible course formulated in State v. Davis, 68 N.J. 69 (1975), and followed thereafter, see, e.g., State v. Mirault, supra, 92 N.J. 492 ; State v. Best, supra, 70 N.J. 56 : Such an approach would entail analysis of the evidence in terms of, among other things, the time and place of each purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; a | 1 | 2 |
State v. Harrisgreen2 sentences2005State v. Davis [, 68 N.J. 69, 81 , 342 A.2d 841, 847 (1975)],” must be tempered by the injunction that, particularly in its application to felony murder, “when there is sufficient evidence to support two or more alternative felony theories, a jury need not designate which felony theory it relies on to convict one of felony murder so long as there is sufficient evidence to sustain each felony” and “jurors need not always be unanimous on the theory of guilt, provided they are unanimous in the finding of guilt of the offense charged.” State v. Harris, 141 N.J. 525, 562 , 662 A.2d 333, 352 (1995) 2005State v. Davis [, 68 N.J. 69, 81 , 342 A.2d 841, 847 (1975)],” must be tempered by the injunction that, particularly in its application to felony murder, “when there is sufficient evidence to support two or more alternative felony theories, a jury need not designate which felony theory it relies on to convict one of felony murder so long as there is sufficient evidence to sustain each felony” and “jurors need not always be unanimous on the theory of guilt, provided they are unanimous in the finding of guilt of the offense charged.” State v. Harris, 141 N.J. 525, 562 , 662 A.2d 333, 352 (1995) | 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. Jester
green
1 sentence1976Such an approach would entail analysis of the evidence in terms of, among other things, the time and place of each *211 purported violation; whether the proof submitted as to one count of the indictment would be a necessary ingredient to a conviction under another count; whether one act was an integral part of a larger scheme or episode; the intent of the accused; and the consequences of the criminal standards transgressed. [ Id. at 81.] In the application of these factors to the case in which this defendant was charged with possession with intent to distribute and distribution, we perceive im | 1 | 1976–1976 |