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7 New Jersey opinions name it 2 courts 1984–2022 3 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. Bieniekgreen1 sentence2022See State v. Bieniek, 200 N.J. 601, 608 (2010). | 1 | 1 |
State v. Yarboughred1 sentence2021A-5901-17 17 Div. 2018 ); see also Yarbough, 100 N.J. at 633 . | 1 | 1 |
State v. Reinaldo Fuentes (070729)green1 sentence2017As to aggravating factor one, "[i]n appropriate cases, a sentencing court may justify the application of aggravating factor one, without double-counting, by reference to the extraordinary brutality involved in an offense." State v. Fuentes, 217 N.J. 57, 75 (2014) (citing O'Donnell, supra, 117 N.J. at 217 ). | 1 | 1 |
People v. Durregreen2 sentences1988People v. Durre, 690 P. 2d 165, 174 (Colo. 1984). 1988People v. Durre, 690 P.2d 165, 174 (Colo.1984). | 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. Pierce
green
1 sentence2022Citing State v. Pierce, 188 N.J. 155 (2006), the court was satisfied, "given the defendant's relative youth here, [and] the nature of his prior record that sentencing in the midrange of the ordinary term would be appropriate to effectively deter this defendant." 7 Defendant filed a direct appeal of his sentence, which this court heard on an excessive sentencing calendar pursuant to Rule 2:9-11. | 1 | 2022–2022 |
State v. Roth
green
1 sentence2019A-2874-16T2 15 [Ibid. (alterations in original) (quoting Roth, 95 N.J. at 364-65 ).] Defendant advised the court about his claimed cooperation, but in finding the absence of mitigating factors, the court clearly did not give weight to that information. | 1 | 2019–2019 |
State v. O'DONNELL
green
1 sentence2017As to aggravating factor one, "[i]n appropriate cases, a sentencing court may justify the application of aggravating factor one, without double-counting, by reference to the extraordinary brutality involved in an offense." State v. Fuentes, 217 N.J. 57, 75 (2014) (citing O'Donnell, supra, 117 N.J. at 217 ). | 1 | 2017–2017 |
State v. Ryan
green
1 sentence1984The Ryan Court noted that it would have treated the case no differently had it arisen under the Code of Criminal Justice provision, effective September 1, 1979. 86 N.J. at 6 n. 2. 3 The trial court, in imposing sentence, observed that the crime was committed while defendant was on parole; the crime was depraved and heinous; it was committed with a gun and without provocation; there was an absence of mitigating factors; defendant had a prior criminal record; and there was a need to incarcerate to protect society. | 1 | 1984–1984 |
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.
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.