rule of harmless error (New Jersey) · Go Syfert
← New Jersey issues

rule of harmless error in New Jersey

8 New Jersey opinions name it 2 courts 1979–2019 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.

Followed or applied (4)

CaseFollowedCited
State v. Simongreen
nj · 1979 · cited in 5 New Jersey opinions naming this issue, 1979–2019
2 sentences

2019It further noted that "[e]rrors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy" and therefore "the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards 'designed to assure a fair trial.' " Id. at 30, 446 A.2d 1201 (second alteration in original) (quoting State v. Simon , 79 N.J. 191 , 206, 398 A.2d 861 (1979) (citations omitted)). **338 In State v. Sanchez , the "stringent standard" for harmless error set forth in Chapman -- "w

2019It further noted that “[e]rrors impacting directly upon . . . sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy” and therefore “the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards ‘designed to assure a fair trial.’” Id. at 30 (second alteration in original) (quoting State v. Simon, 79 N.J. 191, 206 (1979) (citations omitted)).

15
State v. G.V.green
nj · 2000 · cited in 1 New Jersey opinions naming this issue, 2019–2019
2 sentences

2019The likelihood of prejudice is acute when the proffered evidence is proof of a defendant's uncharged misconduct." [State v. G.V., 162 N.J. 252, 262 (2000) (first citation omitted; second citation quoting State v. Stevens, 115 N.J. 289, 302 (1989)).] Rejecting a claim of harmless error, the Court in G.V. stated, "Nothing could be more prejudicial than the erroneous admission of such testimony." G.V., 162 N.J. at 261 .

2019The likelihood of prejudice is acute when the proffered evidence is proof of a defendant's uncharged misconduct." [State v. G.V., 162 N.J. 252, 262 (2000) (first citation omitted; second citation quoting State v. Stevens, 115 N.J. 289, 302 (1989)).] Rejecting a claim of harmless error, the Court in G.V. stated, "Nothing could be more prejudicial than the erroneous admission of such testimony." G.V., 162 N.J. at 261 .

11
State v. Stevensgreen
nj · 1989 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019The likelihood of prejudice is acute when the proffered evidence is proof of a defendant's uncharged misconduct." [State v. G.V., 162 N.J. 252, 262 (2000) (first citation omitted; second citation quoting State v. Stevens, 115 N.J. 289, 302 (1989)).] Rejecting a claim of harmless error, the Court in G.V. stated, "Nothing could be more prejudicial than the erroneous admission of such testimony." G.V., 162 N.J. at 261 .

11
Ullmann v. United Statesgreen
scotus · 1956 · cited in 1 New Jersey opinions naming this issue, 1982–1982
2 sentences

1982First, the importance of the privilege to our accusatory system of justice requires us to guard carefully against its infringement. 4 The privilege “is not only a protection against conviction and prosecution but a safeguard of conscience and human dignity and freedom of expression as well.” Ullmann v. United States, 350 U.S. 422, 442, 445 , 76 S.Ct. 497, 509, 510 , 100 L.Ed. 511, 528 (1956) (Douglas, J., joined by Black, J., concurring).

1982First, the importance of the privilege to our accusatory system of justice requires us to guard carefully against its infringement. 4 The privilege “is not only a protection against conviction and prosecution but a safeguard of conscience and human dignity and freedom of expression as well.” Ullmann v. United States, 350 U.S. 422, 442, 445 , 76 S.Ct. 497, 509, 510 , 100 L.Ed. 511, 528 (1956) (Douglas, J., joined by Black, J., concurring).

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 (4)

CaseCitedYears
State v. Czachor green
nj · 1980
2 sentences

2000In State v. Czachor, 82 N.J. 392, 404 , 413 A.2d 593 (1980), the Court explained that “errors which impact substantially and directly on fundamental procedural safeguards ... are not amenable to harmless error rehabilitation.” As stated in State v. Simon, 79 N.J 191, 206, 398 A.2d 861 (1979): “Errors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy .... ” For this reason, the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards “

2000In State v. Czachor, 82 N.J. 392, 404 , 413 A.2d 593 (1980), the Court explained that “errors which impact substantially and directly on fundamental procedural safeguards ... are not amenable to harmless error rehabilitation.” As stated in State v. Simon, 79 N.J 191, 206, 398 A.2d 861 (1979): “Errors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy .... ” For this reason, the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards “

31987–2000
State v. McCloskey green
nj · 1982
1 sentence

2019It further noted that "[e]rrors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy" and therefore "the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards 'designed to assure a fair trial.' " Id. at 30, 446 A.2d 1201 (second alteration in original) (quoting State v. Simon , 79 N.J. 191 , 206, 398 A.2d 861 (1979) (citations omitted)). **338 In State v. Sanchez , the "stringent standard" for harmless error set forth in Chapman -- "w

12019–2019
Chapman v. California yellow
scotus · 1967
2 sentences

2019It further noted that "[e]rrors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy" and therefore "the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards 'designed to assure a fair trial.' " Id. at 30, 446 A.2d 1201 (second alteration in original) (quoting State v. Simon , 79 N.J. 191 , 206, 398 A.2d 861 (1979) (citations omitted)). **338 In State v. Sanchez , the "stringent standard" for harmless error set forth in Chapman -- "w

2019It further noted that "[e]rrors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy" and therefore "the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards 'designed to assure a fair trial.' " Id. at 30, 446 A.2d 1201 (second alteration in original) (quoting State v. Simon , 79 N.J. 191 , 206, 398 A.2d 861 (1979) (citations omitted)). **338 In State v. Sanchez , the "stringent standard" for harmless error set forth in Chapman -- "w

12019–2019
State v. Sanchez green
nj · 1992
2 sentences

2019It further noted that "[e]rrors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy" and therefore "the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards 'designed to assure a fair trial.' " Id. at 30, 446 A.2d 1201 (second alteration in original) (quoting State v. Simon , 79 N.J. 191 , 206, 398 A.2d 861 (1979) (citations omitted)). **338 In State v. Sanchez , the "stringent standard" for harmless error set forth in Chapman -- "w

2019It further noted that "[e]rrors impacting directly upon ... sensitive areas of a criminal trial are poor candidates for rehabilitation under the harmless error philosophy" and therefore "the rule of harmless error should be summoned only with great caution in dealing with the breach of fundamental procedural safeguards 'designed to assure a fair trial.' " Id. at 30, 446 A.2d 1201 (second alteration in original) (quoting State v. Simon , 79 N.J. 191 , 206, 398 A.2d 861 (1979) (citations omitted)). **338 In State v. Sanchez , the "stringent standard" for harmless error set forth in Chapman -- "w

12019–2019

Where else courts name it

MS 15 (1969–2016) CA 9 (1983–2025) NV 8 (1968–1989) NJ 8 (1979–2019) MO 5 (1958–1985) IA 5 (1976–2019) IL 4 (1964–1975) KS 4 (1998–2015) TX 4 (1998–2010) AZ 3 (1976–1983) WY 3 (1982–1986) AK 2 (1968–2002) FL 2 (1976–1986) AL 2 (1963–2000) MD 2 (1977–2003)

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.

← Caselaw search · G Cite Topics · Brief Check