Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 New Jersey opinions name it 2 courts 1989–2021 2 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. Crisafigreen2 sentences2007Also, the court should explain to the defendants the difficulties in acting as their own counsel and should specifically advise the defendants that it would be unwise not to accept the assistance of counsel. [ Id. at 511-12 , 608 A. 2d 317 (citations omitted).] In State v. Reddish , the Court amplified and extended the inquiry required by Crisafi to further protect a defendant from an insufficiently-informed waiver of Sixth Amendment rights: We take this opportunity to amplify our directive in Crisafi, supra, that courts engage in a penetrating examination of the knowingness and intelligence o 2007Also, the court should explain to the defendants the difficulties in acting as their own counsel and should specifically advise the defendants that it would be unwise not to accept the assistance of counsel. [ Id. at 511-12 , 608 A. 2d 317 (citations omitted).] In State v. Reddish , the Court amplified and extended the inquiry required by Crisafi to further protect a defendant from an insufficiently-informed waiver of Sixth Amendment rights: We take this opportunity to amplify our directive in Crisafi, supra, that courts engage in a penetrating examination of the knowingness and intelligence o | 1 | 3 |
MILAGROS ROMAN VS. BERGEN LOGISTICS, LLC (L-2652-17, BERGEN COUNTY AND STATEWIDE)green1 sentence2021See Roman, 456 N.J. | 1 | 1 |
Sergio Rodriguez v. Raymours Furniture(074603)green1 sentence2021Finally, we note that the Contract also provides that each party "will separately pay [their] counsel fees and expenses." Measured against the standard employed by the Court in Rodriguez v. Raymours Furniture Co., 225 N.J. 343, 363-66 (2016),4 we are persuaded that the Contract's attempted waiver of the right to seek an award of reasonable counsel fees and costs under N.J.S.A. 34:19-13(d) is unenforceable because it violates the public policy embodied in CEPA. | 1 | 1 |
State v. Laganellagreen1 sentence1989We view the attempted waiver as nothing more than gamesmenship, State v. Laganella, 144 N.J. | 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. Reddish
green
2 sentences2021The judge should engage in a "penetrating examination of the knowingness and intelligence of a defendant's attempted waiver of the assistance of counsel," including whether defendant will experience difficulty in separating his roles as defendant and counsel; whether defendant understands that he not only has the right not to testify, but also the right not to incriminate himself in any manner; whether he understands that he could make comments as counsel from which the jury might infer that he had knowledge of incriminating evidence (and the difficulty in avoiding such comments); and whether 2021The judge should engage in a "penetrating examination of the knowingness and intelligence of a defendant's attempted waiver of the assistance of counsel," including whether defendant will experience difficulty in separating his roles as defendant and counsel; whether defendant understands that he not only has the right not to testify, but also the right not to incriminate himself in any manner; whether he understands that he could make comments as counsel from which the jury might infer that he had knowledge of incriminating evidence (and the difficulty in avoiding such comments); and whether | 1 | 2021–2021 |
Faretta v. California
green
1 sentence2021The judge should engage in a "penetrating examination of the knowingness and intelligence of a defendant's attempted waiver of the assistance of counsel," including whether defendant will experience difficulty in separating his roles as defendant and counsel; whether defendant understands that he not only has the right not to testify, but also the right not to incriminate himself in any manner; whether he understands that he could make comments as counsel from which the jury might infer that he had knowledge of incriminating evidence (and the difficulty in avoiding such comments); and whether | 1 | 2021–2021 |
Williams v. Florida
green
1 sentence1989However "testimonial" or "incriminating" the alibi defense proves to be, it *455 cannot be considered "compelled" within the meaning of the Fifth and Fourteenth Amendments. [ Ibid. ] To reiterate, the majority in Williams rejected the argument that the alibi-notice requirement violated the fifth amendment because: (1) it found the notice itself non-testimonial because its contents would not be used at trial and there was no intimation that the mere filing or production of the notice had any potential testimonial uses; and (2) absent any testimonial use of the notice itself, it found no compell | 1 | 1989–1989 |
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.