oft-stated principle (New Jersey) · Go Syfert
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oft-stated principle in New Jersey

9 New Jersey opinions name it 1 courts 1980–2021 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.

Followed or applied (7)

CaseFollowedCited
Lamar Williams v. American Auto Logistics(076004)green
nj · 2016 · cited in 3 New Jersey opinions naming this issue, 2017–2020
2 sentences

2020Auto Logistics, 226 N.J. 117, 126 (2016) (relying on "the oft-stated principle of statutory construction that a specific statutory declaration prevails over a more general one").

2020A-3950-19T4 38 Auto Logistics, 226 N.J. 117, 126 (2016) (relying on "the oft-stated principle of statutory construction that a specific statutory declaration prevails over a more general one").

33
State v. Afanadorgreen
nj · 1997 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Although an appellate advocate is not obliged to challenge every aspect of defendants' trial, O'Neil, 17 A-4299-15T4 219 N.J. at 612, a clearly erroneous jury instruction is often a fruitful avenue for appeal, given the oft-stated principle that "[e]rroneous instructions are poor candidates for rehabilitation as harmless, and are ordinarily presumed to be reversible error." State v. Afanador, 151 N.J. 41, 54 (1997); see also State v. McKinney, 223 N.J. 475, 495-96 (2015); State v. Bunch, 180 N.J. 534, 541-42 (2004); State v. Jordan, 147 N.J. 409, 422-23 (1997).

11
State v. Jordangreen
nj · 1997 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Although an appellate advocate is not obliged to challenge every aspect of defendants' trial, O'Neil, 17 A-4299-15T4 219 N.J. at 612, a clearly erroneous jury instruction is often a fruitful avenue for appeal, given the oft-stated principle that "[e]rroneous instructions are poor candidates for rehabilitation as harmless, and are ordinarily presumed to be reversible error." State v. Afanador, 151 N.J. 41, 54 (1997); see also State v. McKinney, 223 N.J. 475, 495-96 (2015); State v. Bunch, 180 N.J. 534, 541-42 (2004); State v. Jordan, 147 N.J. 409, 422-23 (1997).

11
State v. Bunchgreen
nj · 2004 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Although an appellate advocate is not obliged to challenge every aspect of defendants' trial, O'Neil, 17 A-4299-15T4 219 N.J. at 612, a clearly erroneous jury instruction is often a fruitful avenue for appeal, given the oft-stated principle that "[e]rroneous instructions are poor candidates for rehabilitation as harmless, and are ordinarily presumed to be reversible error." State v. Afanador, 151 N.J. 41, 54 (1997); see also State v. McKinney, 223 N.J. 475, 495-96 (2015); State v. Bunch, 180 N.J. 534, 541-42 (2004); State v. Jordan, 147 N.J. 409, 422-23 (1997).

11
State v. Molinagreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Consecutive sentences for multiple victims in multiple counts are consistent with the oft-stated principle that "there can be no free crimes in a system for which the punishment shall fit the crime." Id. at 643 ; see also State v. Carey, 168 N.J. 413 , 429- 30 (2001) (stating, in context of vehicular homicide cases, "the multiple-victims factor is entitled to great weight and should ordinarily result in the imposition of at least two consecutive terms when multiple deaths or serious bodily injuries have been inflicted upon multiple victims"); State v. Molina, 168 N.J. 436, 442 (2001) (approvin

11
State v. Careygreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Consecutive sentences for multiple victims in multiple counts are consistent with the oft-stated principle that "there can be no free crimes in a system for which the punishment shall fit the crime." Id. at 643 ; see also State v. Carey, 168 N.J. 413 , 429- 30 (2001) (stating, in context of vehicular homicide cases, "the multiple-victims factor is entitled to great weight and should ordinarily result in the imposition of at least two consecutive terms when multiple deaths or serious bodily injuries have been inflicted upon multiple victims"); State v. Molina, 168 N.J. 436, 442 (2001) (approvin

11
State v. Jamil McKinney(073070)green
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Although an appellate advocate is not obliged to challenge every aspect of defendants' trial, O'Neil, 17 A-4299-15T4 219 N.J. at 612, a clearly erroneous jury instruction is often a fruitful avenue for appeal, given the oft-stated principle that "[e]rroneous instructions are poor candidates for rehabilitation as harmless, and are ordinarily presumed to be reversible error." State v. Afanador, 151 N.J. 41, 54 (1997); see also State v. McKinney, 223 N.J. 475, 495-96 (2015); State v. Bunch, 180 N.J. 534, 541-42 (2004); State v. Jordan, 147 N.J. 409, 422-23 (1997).

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 (9)

CaseCitedYears
State v. Harris green
njsuperctappdiv · 1998
2 sentences

2020And, significantly, every iteration of the IAPP has either authorized or mandated the public disclosure of some information that would otherwise be barred by Executive Order 11 and section 10, most notably by permitting the public release of the details of any internal investigation or disciplinary action, and mandating that individual citizens be notified of the disposition of their complaints of police misconduct and provided an explanation for the outcome. 4 Moreover, since the 2000 version of the IAPP, issued prior to OPRA's passage, every iteration of the IAPP has expressly provided that

2020And, significantly, every iteration of the IAPP has either authorized or mandated the public disclosure of some information that would otherwise be barred by Executive Order 11 and section 10, most notably by permitting the public release of the details of any internal investigation or disciplinary action, and mandating that individual citizens be notified of the disposition of their complaints of police misconduct and provided an explanation for the outcome. 4 Moreover, since the 2000 version of the IAPP, issued prior to OPRA's passage, every iteration of the IAPP has expressly provided that

22020–2020
Brady v. Maryland green
scotus · 1963
2 sentences

2020And, significantly, every iteration of the IAPP has either authorized or mandated the public disclosure of some information that would otherwise be barred by Executive Order 11 and section 10, most notably by permitting the public release of the details of any internal investigation or disciplinary action, and mandating that individual citizens be notified of the disposition of their complaints of police misconduct and provided an explanation for the outcome. 4 Moreover, since the 2000 version of the IAPP, issued prior to OPRA's passage, every iteration of the IAPP has expressly provided that

2020And, significantly, every iteration of the IAPP has either authorized or mandated the public disclosure of some information that would otherwise be barred by Executive Order 11 and section 10, most notably by permitting the public release of the details of any internal investigation or disciplinary action, and mandating that individual citizens be notified of the disposition of their complaints of police misconduct and provided an explanation for the outcome. 4 Moreover, since the 2000 version of the IAPP, issued prior to OPRA's passage, every iteration of the IAPP has expressly provided that

22020–2020
Sellers v. BOARD OF TRUSTEES, POLICE AND FIREMEN'S RETIREMENT SYSTEM green
njsuperctappdiv · 2008
1 sentence

2021Sellers, 399 N.J.

12021–2021
State v. Zuber green
nj · 2017
1 sentence

2018We also discern no merit to defendant's reliance on Miller v. Alabama, 567 U.S. 460 (2012) and State v. Zuber, 227 N.J. 422 (2017), addressing considerations applicable to sentencing juveniles.

12018–2018
Miller v. Alabama green
scotus · 2012
1 sentence

2018We also discern no merit to defendant's reliance on Miller v. Alabama, 567 U.S. 460 (2012) and State v. Zuber, 227 N.J. 422 (2017), addressing considerations applicable to sentencing juveniles.

12018–2018
State v. Yarbough red
nj · 1985
1 sentence

2018Consecutive sentences for multiple victims in multiple counts are consistent with the oft-stated principle that "there can be no free crimes in a system for which the punishment shall fit the crime." Id. at 643 ; see also State v. Carey, 168 N.J. 413 , 429- 30 (2001) (stating, in context of vehicular homicide cases, "the multiple-victims factor is entitled to great weight and should ordinarily result in the imposition of at least two consecutive terms when multiple deaths or serious bodily injuries have been inflicted upon multiple victims"); State v. Molina, 168 N.J. 436, 442 (2001) (approvin

12018–2018
Rothman v. Rothman green
nj · 1974
2 sentences

1991Only if it is clearly understood that far more than economic factors are involved, will the resulting distribution be equitable within the true intent and meaning of the statute. [ Rothman v. Rothman, 65 N.J. 219, 229 , 320 A. 2d 496 (1974)] Facts.

1991Only if it is clearly understood that far more than economic factors are involved, will the resulting distribution be equitable within the true intent and meaning of the statute. [ Rothman v. Rothman, 65 N.J. 219, 229 , 320 A. 2d 496 (1974)] Facts.

11991–1991
Judson v. Peoples Bank & Trust Co. of Westfield green
nj · 1954
1 sentence

1988The oft-stated principle of Judson v. People’s Bank, 17 N.J. 67 (1954), is the court’s role on motion for summary judgment is to decide whether a genuine dispute exists as to any material fact, but not to decide the issue if it exists.

11988–1988
Califano v. Sanders green
scotus · 1977
2 sentences

1980The association apparently relies upon the oft-stated principle in federal courts that constitutional questions are "unsuited to resolution in administrative hearing procedures." Califano v. Sanders, 430 U.S. 99, 109 , 97 S.Ct. 980, 986 , 51 L.Ed. 2d 192 (1972).

1980The association apparently relies upon the oft-stated principle in federal courts that constitutional questions are "unsuited to resolution in administrative hearing procedures." Califano v. Sanders, 430 U.S. 99, 109 , 97 S.Ct. 980, 986 , 51 L.Ed. 2d 192 (1972).

11980–1980

Where else courts name it

NY 40 (1958–2024) AL 31 (1954–2025) PA 21 (1965–2023) CA 17 (1930–2021) IL 14 (1948–2015) KS 13 (1943–2013) MO 9 (1917–2022) NJ 9 (1980–2021) IN 8 (1979–2019) WI 7 (1976–2023) FL 7 (1957–2019) TX 5 (1976–2000) OH 5 (1980–2006) NC 5 (1964–2018) MD 4 (1974–2002) NE 4 (1956–1991) LA 3 (1958–1979) HI 3 (1978–1995) WA 3 (1972–2011) KY 3 (1988–2022) CT 3 (1980–2019) MA 3 (1986–2019) WY 3 (1984–2013) OR 2 (1977–1992) OK 2 (1977–1999) AK 2 (1981–1985) MN 2 (1979–1984) SC 2 (1984–2005) UT 2 (1984–1992) ME 2 (2010–2010) AZ 2 (1979–2004) MT 2 (1995–1997) GA 2 (1938–1981) VT 2 (2009–2009) RI 2 (1984–2006)

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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