Legislature created presumption (New Jersey) · Go Syfert
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Legislature created presumption in New Jersey

7 New Jersey opinions name it 2 courts 1987–2022 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.

Followed or applied (3)

CaseFollowedCited
State v. Whitegreen
nj · 1984 · cited in 2 New Jersey opinions naming this issue, 2001–2016
2 sentences

2016The Legislature created no exception from the Graves Act." Id. at 557 (quoting State v. White, 98 N.J. 122, 130 (1984)).

2001Where an accomplice has been found guilty of armed robbery, he is subject to the minimum imprisonment terms of the Graves Act. [Id. at 130, 484 A.2d 691 (footnote omitted).] Similarly, we hold that NERA applies to unarmed accomplices.

22
In Re the Guardianship of K.H.O.green
nj · 1999 · cited in 2 New Jersey opinions naming this issue, 2022–2022
2 sentences

2022In order to obtain parental termination, N.J.S.A. 30:4C-15.1(a) requires the Division prove by clear and convincing evidence the following four prongs: (1) The child's safety, health, or development has been or will continue to be endangered by the parental relationship; A-3330-20 6 (2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm; (3) The [D]ivision has made reasonable efforts to provide services to help the parent correct the circumst

2022See K.H.O., 161 N.J. at 347 (stating that "[t]he balance between parental rights and the State's interest in the welfare of children is achieved through the bests interests of the child standard," as noted in N.J.S.A. 30:4C-15(c) and elaborated upon in N.J.S.A. 30:4C-15.1(a)).

12
Danny Caicedo v. Fabian Caicedogreen
njsuperctappdiv · 2015 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021Caicedo v. Caicedo, 439 N.J.

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 (4)

CaseCitedYears
New Jersey Division of Youth & Family Services v. A.W. green
nj · 1986
1 sentence

2022In order to obtain parental termination, N.J.S.A. 30:4C-15.1(a) requires the Division prove by clear and convincing evidence the following four prongs: (1) The child's safety, health, or development has been or will continue to be endangered by the parental relationship; A-3330-20 6 (2) The parent is unwilling or unable to eliminate the harm facing the child or is unable or unwilling to provide a safe and stable home for the child and the delay of permanent placement will add to the harm; (3) The [D]ivision has made reasonable efforts to provide services to help the parent correct the circumst

12022–2022
State v. Rumblin green
nj · 2001
1 sentence

2016The Legislature created no exception from the Graves Act." Id. at 557 (quoting State v. White, 98 N.J. 122, 130 (1984)).

12016–2016
State v. Cannon green
· 1992
2 sentences

1994We held that when the Legislature explicitly mandates imprisonment, “this Court may not, as an ‘alternative,’ [through a court-administered program] order release.” Id. at 563 n. 9, 608 A.2d 341 . “[B]y ‘imprisonment’ the Legislature meant not simply the imposition of a sentence of imprisonment but service of the statutory sentence, conforming to the statutory mandate.” Id. at 565, 608 A.2d 341 .

1994We held that when the Legislature explicitly mandates imprisonment, “this Court may not, as an ‘alternative,’ [through a court-administered program] order release.” Id. at 563 n. 9, 608 A.2d 341 . “[B]y ‘imprisonment’ the Legislature meant not simply the imposition of a sentence of imprisonment but service of the statutory sentence, conforming to the statutory mandate.” Id. at 565, 608 A.2d 341 .

11994–1994
State v. Kreidler green
njsuperctappdiv · 1986
1 sentence

1987Conversely, it is our view that any other disposition would lead to the untenable conclusion that “the Legislature created a presumption of imprisonment for the most serious crimes in the Code, that can be satisfied by only a day of ‘imprisonment.’ ” State v. Kreidler, supra, 211 N.J.Super. at 279 .

11987–1987

Where else courts name it

CA 24 (1952–2023) NJ 7 (1987–2022) NY 7 (1957–2023) MI 6 (2002–2021) IL 3 (1987–2013) LA 3 (2010–2016) OK 3 (2014–2025) MA 3 (2003–2020) WI 3 (2006–2018) MT 2 (2014–2018) FL 2 (1994–2004) TN 2 (2010–2011) WA 2 (2007–2007) AZ 2 (1988–2016)

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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