delineated factors (New Jersey) · Go Syfert
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delineated factors in New Jersey

7 New Jersey opinions name it 2 courts 2008–2020 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 (3)

CaseFollowedCited
State v. Molinagreen
nj · 2001 · cited in 3 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020As the judge 10 In State v. Yarbough, 100 N.J. 627, 644 (1985), the Court delineated factors upon which a sentencing court should focus in determining whether a sentence should run concurrent or consecutive: (a) the crimes and their objectives were predominantly independent of each other; (b) the crimes involved separate acts of violence or threats of violence; (c) the crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior; A-5491-16T1 35 noted, Burroughs and Chambers were in "two

2020A-5140-16T1 29 noted, Burroughs and Chambers were in "two separate locations" when they were shot; Chambers was seated inside the BMW, and Burroughs was shot "on the sidewalk some ways away." Accordingly, the judge concluded, "[t]o issue concurrent sentences as the defense is proposing would not adequately take into account the [distinct] nature of the two harms inflicted by this defendant." "[A] trial court has the discretion to impose consecutive sentences in cases where . . . the only factor supporting consecutive sentencing is multiple victims." State v. Molina, 168 N.J. 436, 442 (2001).

33
State v. Yarboughred
nj · 1985 · cited in 3 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020As the judge 10 In State v. Yarbough, 100 N.J. 627, 644 (1985), the Court delineated factors upon which a sentencing court should focus in determining whether a sentence should run concurrent or consecutive: (a) the crimes and their objectives were predominantly independent of each other; (b) the crimes involved separate acts of violence or threats of violence; (c) the crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior; A-5491-16T1 35 noted, Burroughs and Chambers were in "two

2020As the judge 8 In Yarbough, 100 N.J. at 644 , the Court delineated factors upon which a sentencing court should focus in determining whether a sentence should run concurrent or consecutive: (a) the crimes and their objectives were predominantly independent of each other; (b) the crimes involved separate acts of violence or threats of violence; (c) the crimes were committed at different times or separate places, rather than being committed so closely in time and place as to indicate a single period of aberrant behavior; (d) any of the crimes involved multiple victims; (e) the convictions for wh

13
State v. Careygreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020"Although that principle resonates most clearly in cases in which a perpetrator intentionally target multiple victims . . . it also applies to cases in which, as here, the defendant does not intend to harm multiple victims but it is foreseeable that his or her reckless conduct will result in multiple victims." State v. Carey, 168 N.J. 413, 429 (2001).

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 (7)

CaseCitedYears
State v. Mosley green
· 2018
1 sentence

2020Id. at 190 .

12020–2020
State v. King green
nj · 1965
2 sentences

2018In the 1965 case of State v. King , this Court delineated factors for use by our courts in considering the voluntariness of consent. 44 N.J. at 352 -53 , 209 A.2d 110 .

2018In the 1965 case of State v. King , this Court delineated factors for use by our courts in considering the voluntariness of consent. 44 N.J. at 352 -53 , 209 A.2d 110 .

12018–2018
Arizona v. Gant green
scotus · 2009
2 sentences

2018Arizona v. Gant , 556 U.S. 332 , 338, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009) (citing Katz v. United States , 389 U.S. 347 , 357, 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) ). **135 The Appellate Division has previously determined that the search-incident-to-arrest exception to the warrant requirement cannot be used to justify a strip search for purposes of N.J.S.A. 2A:161A-1(b) because the "statute's protections are triggered by an arrest.

2018Arizona v. Gant , 556 U.S. 332 , 338, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009) (citing Katz v. United States , 389 U.S. 347 , 357, 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) ). **135 The Appellate Division has previously determined that the search-incident-to-arrest exception to the warrant requirement cannot be used to justify a strip search for purposes of N.J.S.A. 2A:161A-1(b) because the "statute's protections are triggered by an arrest.

12018–2018
Katz v. United States green
scotus · 1967
2 sentences

2018Arizona v. Gant , 556 U.S. 332 , 338, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009) (citing Katz v. United States , 389 U.S. 347 , 357, 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) ). **135 The Appellate Division has previously determined that the search-incident-to-arrest exception to the warrant requirement cannot be used to justify a strip search for purposes of N.J.S.A. 2A:161A-1(b) because the "statute's protections are triggered by an arrest.

2018Arizona v. Gant , 556 U.S. 332 , 338, 129 S.Ct. 1710 , 173 L.Ed.2d 485 (2009) (citing Katz v. United States , 389 U.S. 347 , 357, 88 S.Ct. 507 , 19 L.Ed.2d 576 (1967) ). **135 The Appellate Division has previously determined that the search-incident-to-arrest exception to the warrant requirement cannot be used to justify a strip search for purposes of N.J.S.A. 2A:161A-1(b) because the "statute's protections are triggered by an arrest.

12018–2018
Platinum Management v. Dahms green
njsuperctappdiv · 1995
2 sentences

2008As noted in Hammock , a trade secret consists of "any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it," Restatement of Torts § 757, comment b (1971), or "any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford a potential economic advantage over others." Restatement (Third), Unfair Competition § 39 (Tentative Draft No. 4, 1993); Hammock, supra, 142 N.J. at 383-84 , 662 A. 2d

2008As noted in Hammock , a trade secret consists of "any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it," Restatement of Torts § 757, comment b (1971), or "any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford a potential economic advantage over others." Restatement (Third), Unfair Competition § 39 (Tentative Draft No. 4, 1993); Hammock, supra, 142 N.J. at 383-84 , 662 A. 2d

12008–2008
Trump's Castle Assoc. v. Tallone green
njsuperctappdiv · 1994
2 sentences

2008As noted in Hammock , a trade secret consists of "any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it," Restatement of Torts § 757, comment b (1971), or "any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford a potential economic advantage over others." Restatement (Third), Unfair Competition § 39 (Tentative Draft No. 4, 1993); Hammock, supra, 142 N.J. at 383-84 , 662 A. 2d

2008As noted in Hammock , a trade secret consists of "any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it," Restatement of Torts § 757, comment b (1971), or "any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford a potential economic advantage over others." Restatement (Third), Unfair Competition § 39 (Tentative Draft No. 4, 1993); Hammock, supra, 142 N.J. at 383-84 , 662 A. 2d

12008–2008
Hammock Ex Rel. Hammock v. Hoffmann-LaRoche, Inc. green
nj · 1995
2 sentences

2008As noted in Hammock , a trade secret consists of "any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it," Restatement of Torts § 757, comment b (1971), or "any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford a potential economic advantage over others." Restatement (Third), Unfair Competition § 39 (Tentative Draft No. 4, 1993); Hammock, supra, 142 N.J. at 383-84 , 662 A. 2d

2008As noted in Hammock , a trade secret consists of "any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it," Restatement of Torts § 757, comment b (1971), or "any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford a potential economic advantage over others." Restatement (Third), Unfair Competition § 39 (Tentative Draft No. 4, 1993); Hammock, supra, 142 N.J. at 383-84 , 662 A. 2d

12008–2008

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:39-5 (4) NJ § N.J. Stat. § 2C:44-1 (4) NJ § N.J. Stat. § 2C:11-3 (3) NJ § N.J. Stat. § 2C:12-1 (3) NJ § N.J. Stat. § 2C:2-3 (3) NJ § N.J. Stat. § 2C:2-6 (3) NJ § N.J. Stat. § 2C:39-4 (3) NJ § N.J. Stat. § 2C:43-7.2 (3) NJ § N.J. Stat. § 2C:5-1 (3)

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.

Where else courts name it

PA 8 (1974–2018) WI 7 (2013–2026) NJ 7 (2008–2020) OH 7 (1988–2026) FL 6 (1993–2009) LA 5 (1992–2019) CA 4 (1976–2025) NY 4 (1918–1988) IL 3 (2010–2020) AZ 3 (1995–2006) MD 3 (1994–2008) TX 2 (1993–2000) CO 2 (1993–1997) MS 2 (1987–2024)

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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