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7 New Jersey opinions name it 2 courts 1994–2020 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.
| Case | Followed | Cited |
|---|---|---|
State v. Mooregreen2 sentences2020In addition, we have previously explained that ineffective assistance of counsel claims are not barred by Rule 3:22-4: [I]neffective assistance of counsel claims, particularly ineffective assistance of appellate counsel, are congruous with the exceptions to the procedural bar of R. 3:22-4 because they (1) implicate issues that could not have been reasonably raised in prior proceedings; (2) involve infringement of constitutional rights; or (3) present exceptional circumstances involving a showing of fundamental injustice. [State v. Moore, 273 N.J. 2019In addition, we have previously explained that ineffective assistance of counsel claims are not barred by Rule 3:22-4: [I]neffective assistance of counsel claims, particularly ineffective assistance of appellate counsel, are congruous with the exceptions to the procedural bar of R. 3:22-4 because they (1) implicate issues that could not have been reasonably raised in prior proceedings; (2) involve infringement of constitutional rights; or (3) present exceptional circumstances involving a showing of fundamental injustice. [State v. Moore, 273 N.J. | 6 | 6 |
State v. Mitchellgreen2 sentences1994See State v. Mitchell, 126 N.J. 565, 584 , 601 A. 2d 198 (1992). 1994See State v. Mitchell, 126 N.J. 565, 584 , 601 A. 2d 198 (1992). | 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. Martin
neutral
2 sentences2004State v. Morrison, 215 N.J.Super. 540, 546 , 522 A.2d 473 (App.Div.1987), certif. denied, 107 N.J. 642 , 527 A.2d 463 (1987); see also State v. Moore, 273 N.J.Super. 118, 125 , 641 A.2d 268 (App.Div.1994) (stating that “ineffective assistance of counsel claims, particularly ineffective assistance of appellate counsel, are congruous with the exceptions to the procedural bar of R. 3:22-4 because they ... (2) involve infringement of constitutional rights; or (3) present exceptional circumstances involving a showing of fundamental injustice”). 2004State v. Morrison, 215 N.J.Super. 540, 546 , 522 A.2d 473 (App.Div.1987), certif. denied, 107 N.J. 642 , 527 A.2d 463 (1987); see also State v. Moore, 273 N.J.Super. 118, 125 , 641 A.2d 268 (App.Div.1994) (stating that “ineffective assistance of counsel claims, particularly ineffective assistance of appellate counsel, are congruous with the exceptions to the procedural bar of R. 3:22-4 because they ... (2) involve infringement of constitutional rights; or (3) present exceptional circumstances involving a showing of fundamental injustice”). | 1 | 2004–2004 |
State v. Morrison
green
2 sentences2004State v. Morrison, 215 N.J.Super. 540, 546 , 522 A.2d 473 (App.Div.1987), certif. denied, 107 N.J. 642 , 527 A.2d 463 (1987); see also State v. Moore, 273 N.J.Super. 118, 125 , 641 A.2d 268 (App.Div.1994) (stating that “ineffective assistance of counsel claims, particularly ineffective assistance of appellate counsel, are congruous with the exceptions to the procedural bar of R. 3:22-4 because they ... (2) involve infringement of constitutional rights; or (3) present exceptional circumstances involving a showing of fundamental injustice”). 2004State v. Morrison, 215 N.J.Super. 540, 546 , 522 A.2d 473 (App.Div.1987), certif. denied, 107 N.J. 642 , 527 A.2d 463 (1987); see also State v. Moore, 273 N.J.Super. 118, 125 , 641 A.2d 268 (App.Div.1994) (stating that “ineffective assistance of counsel claims, particularly ineffective assistance of appellate counsel, are congruous with the exceptions to the procedural bar of R. 3:22-4 because they ... (2) involve infringement of constitutional rights; or (3) present exceptional circumstances involving a showing of fundamental injustice”). | 1 | 2004–2004 |
State v. DiRienzo
green
2 sentences2004As to the reasonableness of not taking the appeal, we note that a mistrial should be granted “only in those situations which would otherwise result in manifest injustice.” State v. DiRienzo, 53 N.J. 360, 383 , 251 A.2d 99 (1969); see also R. 3:20-1 (“The trial judge on defendant’s motion may grant the defendant a new trial if required in the interest of justice.”). 2004As to the reasonableness of not taking the appeal, we note that a mistrial should be granted “only in those situations which would otherwise result in manifest injustice.” State v. DiRienzo, 53 N.J. 360, 383 , 251 A.2d 99 (1969); see also R. 3:20-1 (“The trial judge on defendant’s motion may grant the defendant a new trial if required in the interest of justice.”). | 1 | 2004–2004 |
Cybul v. Atrium Palace Syndicate
neutral
1 sentence1998See also State v. Moore, 273 N.J.Super. 118, 125 , 641 A. 2d 268 (App.Div.), ("[I]neffective assistance of counsel claims, particularly ineffective assistance of appellate counsel, are congruous with the exceptions to the procedural bar of R. 3:22-4."), certif. denied, 137 N.J. 311 , 645 A. 2d 139 (1994). | 1 | 1998–1998 |
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.