swift and firm instruction (New Jersey) · Go Syfert
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swift and firm instruction in New Jersey

10 New Jersey opinions name it 1 courts 2017–2025 5 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. Vallejogreen
nj · 2009 · cited in 5 New Jersey opinions naming this issue, 2017–2025
2 sentences

2025There, we explained that "[d]elay may allow prejudicial evidence to become cemented into a storyline the jurors create in their minds during the course of trial." Ibid.; see also State v. Vallejo, 198 N.J. 122, 135 (2009) (stressing the importance of immediacy when trial judges provide curative instructions).

2022There, we explained that "[d]elay may allow prejudicial evidence to become cemented into a storyline the jurors create in their minds during the course of trial." Ibid.; see also State v. Vallejo, 198 N.J. 122, 135 (2009) (stressing the importance of immediacy when trial judges provide curative instructions).

55
State v. Wintergreen
nj · 1984 · cited in 5 New Jersey opinions naming this issue, 2017–2021
2 sentences

2021"Second, an instruction's timing and substance affect its likelihood of success . . . . [O]ur Court has held that a swift and firm instruction is better than a delayed one." Id. at 507-06 (quoting State v. Winter, 96 N.J. 640, 648 (1984)).

2021Finally, a court must "consider its tolerance for the risk of imperfect compliance." Id. at 507 (quoting Winter, 96 N.J. at 647 ).

45
Bruton v. United Statesgreen
scotus · 1968 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021"Third, a court must ultimately consider its tolerance for the risk of imperfect compliance." Id. at 507 (citing Bruton v. U.S., 391 U.S. 123, 135 (1968)).

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 (2)

CaseCitedYears
State v. Herbert green
njsuperctappdiv · 2019
2 sentences

2025As to the second factor—relating to the "timing and substance" of a curative instruction—we noted in Herbert that "a swift and firm instruction is A-3984-22 26 better than a delayed one." Id. at 505–06.

2022As to the second factor—relating to the "timing and substance" of a curative instruction—we noted in Herbert that "a swift and firm instruction is better than a delayed one." Id. at 505–06.

42021–2025
State v. R.K. green
nj · 2015
1 sentence

2019However, as there was no request for an immediate instruction, we consider this issue under the plain-error rule, see R.K., 220 N.J. at 456 .

12019–2019

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:39-5 (6) NJ § N.J. Stat. § 2C:39-4 (4) NJ § N.J. Stat. § 2C:43-6 (4) NJ § N.J. Stat. § 2C:44-1 (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.

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