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7 New Jersey opinions name it 2 courts 1981–2024 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.
| Case | Followed | Cited |
|---|---|---|
State v. Bendergreen2 sentences1997The decision to refer the matter back to the prosecutor follows our past decisions, finding remand to the prosecutor useful where “ ‘the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors’ [or] where the denial resulted from an incorrect evaluation of relevant factors.” See, e.g., State v. Dalglish, 86 N.J. 503, 509-10 , 432 A.2d 74 (1981) (quoting State v. Bender, 80 N.J. 84, 94 , 402 A.2d 217 (1979)). 1997The decision to refer the matter back to the prosecutor follows our past decisions, finding remand to the prosecutor useful where “ ‘the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors’ [or] where the denial resulted from an incorrect evaluation of relevant factors.” See, e.g., State v. Dalglish, 86 N.J. 503, 509-10 , 432 A.2d 74 (1981) (quoting State v. Bender, 80 N.J. 84, 94 , 402 A.2d 217 (1979)). | 1 | 4 |
State v. Wallacegreen2 sentences2024A-2920-22 9 The Wallace Court expressly stated there is a "requirement that the prosecutor put [their] thought process on paper[, which] tends to protect against the consideration of inappropriate factors and promotes reasoned decision - making." 146 N.J. at 584 . 2008See N.J.S.A. 2C:43-12(f) (the prosecutor must "precisely state his [or her] findings and conclusion which shall include the . . . reasons offered for the denial"); see also Wallace, 146 N.J. at 584 , 684 A. 2d 1355 ("the requirement that the prosecutor put his or her thought process on paper tends to protect against the consideration of inappropriate factors and promotes reasoned decision-making"). | 1 | 2 |
State v. Maddocksgreen1 sentence1981A remand might be *510 proper, for example, where “the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors,” id.; where the denial resulted from an incorrect evaluation of relevant factors, id. at 97; where the prosecutor’s belief that a particular factor is or is not present was unfounded or based upon unreliable information, see State v. Maddocks, supra, 80 N.J. at 108; or where the prosecutor’s statement of reasons is inadequate, see State v. Sutton, supra, 80 N.J. at 116-17, either because it lacks the | 1 | 1 |
State v. Suttongreen1 sentence1981A remand might be *510 proper, for example, where “the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors,” id.; where the denial resulted from an incorrect evaluation of relevant factors, id. at 97; where the prosecutor’s belief that a particular factor is or is not present was unfounded or based upon unreliable information, see State v. Maddocks, supra, 80 N.J. at 108; or where the prosecutor’s statement of reasons is inadequate, see State v. Sutton, supra, 80 N.J. at 116-17, either because it lacks the | 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. Baynes
green
2 sentences1999The decision to refer the matter back to the prosecutor follows our past decisions, finding remand to the prosecutor useful where "`the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors' [or] where the denial resulted from an incorrect evaluation of relevant factors." [ 148 N.J. at 440 , 690 A. 2d 594 (citations omitted) (emphasis added).] We conceive it should have been clear to the motion judge that the initial decision by the PTI coordinator and the prosecutor, although probably appropriate when made, 1999The decision to refer the matter back to the prosecutor follows our past decisions, finding remand to the prosecutor useful where "`the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors' [or] where the denial resulted from an incorrect evaluation of relevant factors." [ 148 N.J. at 440 , 690 A. 2d 594 (citations omitted) (emphasis added).] We conceive it should have been clear to the motion judge that the initial decision by the PTI coordinator and the prosecutor, although probably appropriate when made, | 1 | 1999–1999 |
State v. Kraft
green
2 sentences1999Cf. State v. Kraft, 265 N.J.Super. 106 , 625 A. 2d 579 (App.Div.1993) ((suggesting the nature of the crime charged itself can be the basis to bar a defendant's application to PTI); see also Cannel, New Jersey Criminal Code Annotated, comment 2 on N.J.S.A. 2C:43-12 1998). 1999Cf. State v. Kraft, 265 N.J.Super. 106 , 625 A. 2d 579 (App.Div.1993) ((suggesting the nature of the crime charged itself can be the basis to bar a defendant's application to PTI); see also Cannel, New Jersey Criminal Code Annotated, comment 2 on N.J.S.A. 2C:43-12 1998). | 1 | 1999–1999 |
Matter of Warren
green
2 sentences1998In re Warren, supra, 117 N.J. at 297 , 566 A.2d 534 ; State v. Bender, 80 N.J. 84, 93 , 402 A.2d 217 (1979). 1998In re Warren, supra, 117 N.J. at 297 , 566 A.2d 534 ; State v. Bender, 80 N.J. 84, 93 , 402 A.2d 217 (1979). | 1 | 1998–1998 |
State v. Dalglish
green
2 sentences1997The decision to refer the matter back to the prosecutor follows our past decisions, finding remand to the prosecutor useful where “ ‘the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors’ [or] where the denial resulted from an incorrect evaluation of relevant factors.” See, e.g., State v. Dalglish, 86 N.J. 503, 509-10 , 432 A.2d 74 (1981) (quoting State v. Bender, 80 N.J. 84, 94 , 402 A.2d 217 (1979)). 1997The decision to refer the matter back to the prosecutor follows our past decisions, finding remand to the prosecutor useful where “ ‘the prosecutorial decision was based upon a consideration of inappropriate factors or not premised upon a consideration of all relevant factors’ [or] where the denial resulted from an incorrect evaluation of relevant factors.” See, e.g., State v. Dalglish, 86 N.J. 503, 509-10 , 432 A.2d 74 (1981) (quoting State v. Bender, 80 N.J. 84, 94 , 402 A.2d 217 (1979)). | 1 | 1997–1997 |
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.