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9 New Jersey opinions name it 2 courts 1968–2021 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.
| Case | Followed | Cited |
|---|---|---|
State v. Oscar Porter (069223)green2 sentences2021As Judge Tarantino noted in her opinion, an evidentiary hearing is required on a PCR petition only when the defendant establishes a prima facie case for PCR, there are material issues of fact in dispute that cannot be resolved based on the existing record, and the court determines a hearing is necessary. 6 A-3074-19 State v. Porter, 216 N.J. 343, 354 (2013) (citing R. 3:22-10(b)). 2018State v. Porter, 216 N.J. 343, 354 (2013) (citing R. 3:22-10(b)). | 3 | 3 |
PV Ex Rel. TV v. Camp Jayceegreen2 sentences2016Finally, the court determines whether the presumption in favor of the law of the place of injury has been overcome by virtue of a competing state’s “more significant relationship to the parties and issues.” Camp Jaycee, supra, 197 N.J. at 143 , 962 A2d 453 . 2016Finally, the court determines whether the presumption in favor of the law of the place of injury has been overcome by virtue of a competing state’s “more significant relationship to the parties and issues.” Camp Jaycee, supra, 197 N.J. at 143 , 962 A2d 453 . | 1 | 1 |
Anders v. Californiagreen1 sentence1968Ibid., at p. 744, 87 S.Ct. 1396, 18 L.Ed. 2 d 493. | 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. Baylass
green
2 sentences1992Moreover, “[o]nce the court determines that the violation justifies revocation of probation, the Code controls the sentencing decision.” State v. Baylass, supra, 114 N.J. at 178 [ 553 A.2d 326 ], Thus, to determine the appropriate terms of the resentence, the judge refers to the sentencing scheme provided in the Code for the crime to which defendant originally pled guilty rather than the terms of the sentence agreed upon by defendant in the plea agreement. 1992Moreover, "[o]nce the court determines that the violation justifies revocation of probation, the Code controls the sentencing decision." State v. Baylass, supra, 114 N.J. at 178, 553 A. 2d 326 . | 2 | 1992–1992 |
In Re the Liquidation of Integrity Insurance
green
2 sentences2007As noted by Justice Long in In re Liquidation of Integrity Insurance Co., supra, 165 N.J. at 85 , 754 A.2d 1177 : Despite the existence of the privilege, with its concomitant presumption against disclosure, a litigant may obtain deliberative process materials if his or her need for the materials and the need for accurate fact-finding override the governments’ significant interest in non-disclosure. 2007As noted by Justice Long in In re Liquidation of Integrity Insurance Co., supra, 165 N.J. at 85 , 754 A.2d 1177 : Despite the existence of the privilege, with its concomitant presumption against disclosure, a litigant may obtain deliberative process materials if his or her need for the materials and the need for accurate fact-finding override the governments’ significant interest in non-disclosure. | 1 | 2007–2007 |
State v. Harris
green
2 sentences1998In this case, both the trial court and the Appellate Division agreed that a presumption of prejudice existed. 282 N.J.Super. at 413-15 , 660 A. 2d 539 . 1998In this case, both the trial court and the Appellate Division agreed that a presumption of prejudice existed. 282 N.J.Super. at 413-15 , 660 A. 2d 539 . | 1 | 1998–1998 |
State v. Sepulveda
green
1 sentence1992State v. Ervin, 241 *204 N.J.Super. 458, 465-70 [ 575 A.2d 491 ] (App.Div.1989). [253 N.J.Super. at 451-52, 602 A.2d 273 .] The delegation of sentencing power to the prosecutor is itself exceptional. | 1 | 1992–1992 |
State v. Ervin
green
1 sentence1992State v. Ervin, 241 *204 N.J.Super. 458, 465-70 [ 575 A.2d 491 ] (App.Div.1989). [253 N.J.Super. at 451-52, 602 A.2d 273 .] The delegation of sentencing power to the prosecutor is itself exceptional. | 1 | 1992–1992 |
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.