Davis test (New Jersey) · Go Syfert
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Davis test in New Jersey

10 New Jersey opinions name it 2 courts 1967–2025 1 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 (3)

CaseFollowedCited
State v. Trugliagreen
nj · 1984 · cited in 2 New Jersey opinions naming this issue, 1985–1989
2 sentences

1989Under the more flexible Davis analysis, however, the focus is "on the episodic fragments of the events." Ibid.

1985The Davis test, where the analysis focuses "on the episodic fragments of the events," Truglia, 97 N.J. at 521 , should be used to address the merger question raised on this appeal.

12
State v. Loponiogreen
nj · 1913 · cited in 1 New Jersey opinions naming this issue, 1989–1989
1 sentence

1989Cf. State v. Tapia, supra, 113 N.J.Super. 322 (statements made by defendant under mistaken belief investigator was agent of own attorney held to be privileged as an attorney-client communication); State v. Loponio, supra, 85 N.J.L. at 363 (letter written by third party for inmate who seeks to retain counsel held protected by attorney-client privilege).

11
MOTYKA v. McCORKLEgreen
nj · 1971 · cited in 1 New Jersey opinions naming this issue, 1976–1976
1 sentence

1976The regulation is entitled to the "customary rebuttable presumption of validity and regularity afforded to administrative regulations generally." Motyka v. McCorkle, et al., 58 N.J. 165, 181 (1971).

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 (8)

CaseCitedYears
State v. Davis green
njsuperctappdiv · 2003
2 sentences

2025The Davis instruction stated, in pertinent part: "You must determine . . . not only whether the State has proved each and every element of the offense charged beyond a reasonable doubt, but also whether the State has proved beyond a reasonable doubt that this defendant is the person who committed it." Davis, 363 N.J.

2025The Davis instruction stated, in pertinent part: "You must determine . . . not only whether the State has proved each and every element of the offense charged beyond a reasonable doubt, but also whether the State has proved beyond a reasonable doubt that this defendant is the person who committed it." Davis, 363 N.J.

22005–2025
State Ex Rel. Jg green
njsuperctappdiv · 1999
2 sentences

1999In applying the Davis factors, the court found the third factor was lacking, reasoning that the question put to the defendant was "unduly authoritative, indicative of a criminal suspicion." Id. at 31, 726 A. 2d 948 .

1999In applying the Davis factors, the court found the third factor was lacking, reasoning that the question put to the defendant was "unduly authoritative, indicative of a criminal suspicion." Id. at 31, 726 A. 2d 948 .

11999–1999
State v. Davis green
nj · 1975
2 sentences

1996In Davis , the Court observed: *638 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; and the consequences of the criminal standards transgressed. [State v. Davis, supra, 68 N.J. at 81 , 342 A.2d 841 .] The Appellate Division applied the Davis test in the present case and concluded that

1996In Davis , the Court observed: *638 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; and the consequences of the criminal standards transgressed. [State v. Davis, supra, 68 N.J. at 81 , 342 A.2d 841 .] The Appellate Division applied the Davis test in the present case and concluded that

11996–1996
Blockburger v. United States green
scotus · 1931
2 sentences

1989Merger questions are now analyzed under one of two tests: the Blockburger test ( Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932)), and the Davis test.

1989Merger questions are now analyzed under one of two tests: the Blockburger test ( Blockburger v. United States, 284 U.S. 299 , 52 S.Ct. 180 , 76 L.Ed. 306 (1932)), and the Davis test.

11989–1989
State v. Tapia green
njsuperctappdiv · 1971
2 sentences

1989Cf. State v. Tapia, supra, 113 N.J.

1989Cf. State v. Tapia, supra, 113 N.J.

11989–1989
State v. Davis neutral
nj · 1986
1 sentence

1986Pursuant to Rule 2:2-2(b), we granted the State leave to appeal the interlocutory order, 102 N.J. 401 , (1986), and now reverse the order suppressing the evidence.

11986–1986
Wheeler v. Reid green
scotus · 1948
1 sentence

1967This decision was affirmed by the United States Supreme Court per curiam sub nomine Bethlehem Steel Co. v. Moores, 335 U. S. 874 , 69 S. Ct. 239 , 93 L.

11967–1967
Transcontinental & Western Air, Inc. v. Civil Aeronautics Board green
scotus · 1948
1 sentence

1967This decision was affirmed by the United States Supreme Court per curiam sub nomine Bethlehem Steel Co. v. Moores, 335 U. S. 874 , 69 S. Ct. 239 , 93 L.

11967–1967

Where else courts name it

TX 81 (1972–2026) GA 60 (1976–2025) FL 58 (1971–2025) OH 57 (1996–2026) CA 50 (1965–2026) PA 39 (1971–2026) WA 38 (1978–2024) IN 34 (1978–2026) IL 30 (1975–2026) MS 25 (1992–2024) MD 25 (1979–2025) MO 24 (1959–2024) VA 19 (1990–2026) MI 18 (1977–2026) SC 17 (1990–2026) NY 16 (1944–2026) TN 16 (1962–2019) DC 14 (1976–2023) KS 14 (1992–2021) AL 14 (1965–2024) IA 13 (1979–2025) MN 13 (2006–2025) LA 12 (1978–2020) AZ 12 (1989–2021) AR 10 (1996–2025) NC 10 (1974–2025) NE 10 (1988–2024) NJ 10 (1967–2025) AK 9 (1966–2022) ME 9 (1997–2026) MT 9 (1978–2016) UT 8 (1987–2013) CO 8 (1967–2022) WY 8 (1997–2017) OK 7 (1978–2016) WI 7 (1985–2026) CT 7 (1970–2026) KY 6 (1993–2026) ID 6 (1998–2023) OR 6 (1977–2025) DE 5 (2014–2024) HI 4 (2007–2017) SD 4 (1981–2022) MA 4 (1999–2011) VT 4 (1988–2008) NV 3 (1990–2019) ND 3 (1989–2010) NM 3 (2009–2024) WV 2 (1978–1979) VI 2 (2010–2026) RI 2 (1987–2016)

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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