non-constitutional error in New Jersey

9 New Jersey opinions name it 1 courts 2003–2025 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 (2)

Case	Followed	Cited
State v. La Portegreen nj · 1973 · cited in 4 New Jersey opinions naming this issue, 2019–2021 2 sentences 2021"By contrast, a non-constitutional error 'shall be disregarded by the appellate court "unless it is of a nature as to have been clearly capable of producing an unjust result."'" Id. at 507-08 (quoting State v. LaPorte, 62 N.J. 312, 318-19 (1973)). 2019By contrast, a non-constitutional error "shall *508 be disregarded by the appellate court 'unless it is of a nature as to have been clearly capable of producing an unjust result.' " Id. at 648, 477 A.2d 323 (quoting State v. LaPorte , 62 N.J. 312 , 318-19, 301 A.2d 146 (1973) ).	3	4
State v. Hudsongreen nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2024–2024 1 sentence 2024That said, we recognize that "[t]rials are not perfectly orchestrated productions." State v. Yough, 208 N.J. 385, 388 (2011).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
State v. MacOn green nj · 1971 2 sentences 2024On the other hand, "a non-constitutional error 'shall be disregarded by the appellate court "unless it is of a nature as to have been clearly capable of producing an unjust result."'" Id. at 507-08 (quoting Winter, 96 N.J. at 648 ). 2022"By contrast, a non-constitutional error 'shall be disregarded by the appellate court "unless it is of a nature as to have been clearly capable of producing an unjust result."'" Id. at 507-08 (quoting Winter, 96 N.J. at 648 ).	4	2019–2024
State v. Winter green nj · 1984 2 sentences 2024On the other hand, "a non-constitutional error 'shall be disregarded by the appellate court "unless it is of a nature as to have been clearly capable of producing an unjust result."'" Id. at 507-08 (quoting Winter, 96 N.J. at 648 ). 2022"By contrast, a non-constitutional error 'shall be disregarded by the appellate court "unless it is of a nature as to have been clearly capable of producing an unjust result."'" Id. at 507-08 (quoting Winter, 96 N.J. at 648 ).	3	2019–2024
State v. Vallejo green nj · 2009 2 sentences 2025We noted, however, that the guiding precedents do not "require[] an 'overwhelming probability' that the jury cannot comply, in order to conclude a curative instruction was inadequate." Id. at 508 (quoting Greer v. Miller, 483 U.S. 756 , 766 n.8 (1987)). 2022We noted, however, that the guiding precedents do not "require[] an 'overwhelming probability' that the jury cannot comply, in order to conclude a curative instruction was inadequate." Id. at 508 (quoting Greer v. Miller, 483 U.S. 756 , 766 n.8 (1987)).	2	2022–2025
Greer v. Miller green scotus · 1987 2 sentences 2025We noted, however, that the guiding precedents do not "require[] an 'overwhelming probability' that the jury cannot comply, in order to conclude a curative instruction was inadequate." Id. at 508 (quoting Greer v. Miller, 483 U.S. 756 , 766 n.8 (1987)). 2022We noted, however, that the guiding precedents do not "require[] an 'overwhelming probability' that the jury cannot comply, in order to conclude a curative instruction was inadequate." Id. at 508 (quoting Greer v. Miller, 483 U.S. 756 , 766 n.8 (1987)).	2	2022–2025
Bruton v. United States green scotus · 1968 1 sentence 2021"By contrast, a non-constitutional error 'shall be disregarded by the appellate court "unless it is of a nature as to have been clearly capable of producing an unjust result."'" Id. at 507-08 (quoting State v. LaPorte, 62 N.J. 312, 318-19 (1973)).	1	2021–2021
State v. Burton green njsuperctappdiv · 1998 2 sentences 2003The impact of violating a defendant's right to a fair trial cannot be measured by, or weighed against, the quantum of evidence bearing upon his or her guilt. (citations omitted). [ State v. Frost, 158 N.J. 76, 87 , 727 A. 2d 1 (1999).] Yet, later that same term, in State v. Pepshi, 162 N.J. 490, 493 , 745 A. 2d 494 (1999), without any indication that it was consciously effecting a change in approach, the Court found certain non-constitutional error harmless "in light of the overwhelming evidence of guilt and the innocuous nature of the testimony." See also State v. Burton, 309 N.J.Super. 280, 2003The impact of violating a defendant's right to a fair trial cannot be measured by, or weighed against, the quantum of evidence bearing upon his or her guilt. (citations omitted). [ State v. Frost, 158 N.J. 76, 87 , 727 A. 2d 1 (1999).] Yet, later that same term, in State v. Pepshi, 162 N.J. 490, 493 , 745 A. 2d 494 (1999), without any indication that it was consciously effecting a change in approach, the Court found certain non-constitutional error harmless "in light of the overwhelming evidence of guilt and the innocuous nature of the testimony." See also State v. Burton, 309 N.J.Super. 280,	1	2003–2003
State v. Pepshi green nj · 1999 2 sentences 2003The impact of violating a defendant's right to a fair trial cannot be measured by, or weighed against, the quantum of evidence bearing upon his or her guilt. (citations omitted). [ State v. Frost, 158 N.J. 76, 87 , 727 A. 2d 1 (1999).] Yet, later that same term, in State v. Pepshi, 162 N.J. 490, 493 , 745 A. 2d 494 (1999), without any indication that it was consciously effecting a change in approach, the Court found certain non-constitutional error harmless "in light of the overwhelming evidence of guilt and the innocuous nature of the testimony." See also State v. Burton, 309 N.J.Super. 280, 2003The impact of violating a defendant's right to a fair trial cannot be measured by, or weighed against, the quantum of evidence bearing upon his or her guilt. (citations omitted). [ State v. Frost, 158 N.J. 76, 87 , 727 A. 2d 1 (1999).] Yet, later that same term, in State v. Pepshi, 162 N.J. 490, 493 , 745 A. 2d 494 (1999), without any indication that it was consciously effecting a change in approach, the Court found certain non-constitutional error harmless "in light of the overwhelming evidence of guilt and the innocuous nature of the testimony." See also State v. Burton, 309 N.J.Super. 280,	1	2003–2003
State v. Frost green nj · 1999 2 sentences 2003The impact of violating a defendant's right to a fair trial cannot be measured by, or weighed against, the quantum of evidence bearing upon his or her guilt. (citations omitted). [ State v. Frost, 158 N.J. 76, 87 , 727 A. 2d 1 (1999).] Yet, later that same term, in State v. Pepshi, 162 N.J. 490, 493 , 745 A. 2d 494 (1999), without any indication that it was consciously effecting a change in approach, the Court found certain non-constitutional error harmless "in light of the overwhelming evidence of guilt and the innocuous nature of the testimony." See also State v. Burton, 309 N.J.Super. 280, 2003The impact of violating a defendant's right to a fair trial cannot be measured by, or weighed against, the quantum of evidence bearing upon his or her guilt. (citations omitted). [ State v. Frost, 158 N.J. 76, 87 , 727 A. 2d 1 (1999).] Yet, later that same term, in State v. Pepshi, 162 N.J. 490, 493 , 745 A. 2d 494 (1999), without any indication that it was consciously effecting a change in approach, the Court found certain non-constitutional error harmless "in light of the overwhelming evidence of guilt and the innocuous nature of the testimony." See also State v. Burton, 309 N.J.Super. 280,	1	2003–2003
State v. Guzman green njsuperctappdiv · 1998 1 sentence 2003The impact of violating a defendant's right to a fair trial cannot be measured by, or weighed against, the quantum of evidence bearing upon his or her guilt. (citations omitted). [ State v. Frost, 158 N.J. 76, 87 , 727 A. 2d 1 (1999).] Yet, later that same term, in State v. Pepshi, 162 N.J. 490, 493 , 745 A. 2d 494 (1999), without any indication that it was consciously effecting a change in approach, the Court found certain non-constitutional error harmless "in light of the overwhelming evidence of guilt and the innocuous nature of the testimony." See also State v. Burton, 309 N.J.Super. 280,	1	2003–2003

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:39-5 (5) NJ § N.J. Stat. § 2C:43-6 (5) NJ § N.J. Stat. § 2C:44-1 (4) NJ § N.J. Stat. § 2C:12-1 (3)

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.

Where else courts name it

TX 277 (1998–2026) VA 158 (1991–2026) TN 54 (1996–2026) NM 50 (2009–2024) OH 30 (1984–2025) DC 23 (1991–2024) GA 11 (1984–2025) WA 11 (2002–2026) NJ 9 (2003–2025) KY 8 (1998–2025) AK 7 (1972–2025) PA 7 (1976–2018) NY 6 (1984–2018) IA 4 (2014–2020) NC 4 (1998–2024) KS 4 (2012–2022) CT 4 (1998–2021) FL 3 (1985–1999) CO 3 (2011–2012) AL 3 (2012–2013) DE 3 (1984–2001) WI 3 (1985–2005) IN 3 (2001–2025) GU 3 (2022–2025) MD 3 (1984–2022) OK 2 (2021–2026) NV 2 (2008–2019) UT 2 (2015–2019)

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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