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10 New Jersey opinions name it 2 courts 1961–2017 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 |
|---|---|---|
J.F. v. B.K.green2 sentences2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co 2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co | 1 | 6 |
J.D. v. M.D.F.green1 sentence2017This was one of those instances foretold by our Supreme Court in J.D. v. M.D.F., 207 N.J. 458, 480 (2011), when it held, "To be sure, some defendants will know full well the history that plaintiff recites and some parties will be well-prepared regardless of whether the testimony technically expands upon the allegations of the complaint." This was not a case where one predicate act of domestic violence, unaccompanied by any threat or violent act, was set forth in the complaint and defendant was forced to defend against multiple other prior acts of which he had no notice until the day of the hea | 1 | 1 |
H.E.S. v. J.C.S.green2 sentences2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co 2006See H.E.S. v. J.C.S., 175 N.J. 309, 324-25 , 815 A. 2d 405 (2003) (it violates due process to require a defendant to go forward with a final hearing twenty-four hours after he was served with a domestic violence complaint; it also violates his due process rights to grant an FRO based on allegations not contained in the complaint); see also J.F. v. B.K., 308 N.J.Super. 387, 391-92 , 706 A. 2d 203 (App. Div.1998) (trial court's finding that defendant committed an act of domestic violence based not on an act alleged in the complaint, but rather on a course of prior conduct not mentioned in the co | 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 |
|---|---|---|
Depos v. Depos
green
2 sentences2003In Depos v. Depos, 307 N.J.Super. 396 , 704 A.2d 1049 (Ch.Div. 1997), the trial court addressed a defendant’s due process rights in a domestic violence action. 2003In Depos v. Depos, 307 N.J.Super. 396 , 704 A.2d 1049 (Ch.Div. 1997), the trial court addressed a defendant’s due process rights in a domestic violence action. | 2 | 2003–2003 |
Nicoletta v. North Jersey District Water Supply Commission
green
2 sentences2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ). 2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ). | 2 | 2003–2003 |
Dept. of Law and Public Safety v. Miller
green
2 sentences2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ). 2003Noting that the “[d]efendant could not prepare a defense to charges that he was not even told about until the day of the hearing[,]” the court held that “[i]t constitutes a fundamental violation of due process to convert a hearing on a complaint alleging one act of domestic violence into a hearing on other acts of domestic violence which are not even alleged in the complaint.” Id. at 391-92 , 706 A.2d 203 (citing Nicoletta, supra, 77 N.J. at 162-63 , 390 A.2d 90 ; Miller, supra, 115 N.J.Super. at 126 , 278 A.2d 495 ). | 2 | 2003–2003 |
State v. Henry
green
2 sentences1996Henry, supra, 56 N.J.Super. at 16 , 151 A.2d 412 . 1996Henry, supra, 56 N.J.Super. at 16 , 151 A.2d 412 . | 1 | 1996–1996 |
Cleff Realty Co., Inc. v. Jersey City
green
1 sentence1983Id. | 1 | 1983–1983 |
State v. Thomas
green
1 sentence1977In State v. Thomas, 61 N.J. 314 (1972), it was held that a murder prosecution may be instituted where the victim died at a date substantially after the initial assault, even if the defendant has been convicted and sentenced for the assault prior to the time the victim dies. | 1 | 1977–1977 |
State v. Zarinsky
green
1 sentence1977Adoption of the common law "year and a day rule" would defeat the public policy favoring the "relentless prosecution of murders." Id., at 51 . | 1 | 1977–1977 |
State v. Brown
green
1 sentence1977State v. Brown, 21 Md. | 1 | 1977–1977 |
Weisenbach v. Borough of New Milford
green
1 sentence1961Justice Heher, in Weisenbach v. Borough of New Melford, 134 N.J.L. 506 ( Sup. Ct. 1946), said "Mere coincidence is not a permissible deduction in the face of evidence which, *600 according to the teachings of long experience, demonstrates a causal relationship." As stated in the Ciuba case, the measure of the weight of the evidence "is `the feeling of probability which it engenders.'" Under the evidence, it is more probable that a person of petitioner's age, emotional fears and hypertension would suffer such stresses and strains by reason of her error in her trial balance, superimposed on her | 1 | 1961–1961 |
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.