7 New Jersey opinions name it 2 courts 1963–2020 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. Afanadorgreen1 sentence2020In that vein, we must heed the well-settled maxim that errors in a jury charge in a criminal case are generally, if not invariably, regarded as "poor candidates" for the application of the harmless error doctrine and are "ordinarily presumed to be reversible error." State v. Afanador, 151 N.J. 41, 54 (1997); see also State v. McKinney, 223 N.J. 475, 496 (2019) (reaffirming this long- standing principle). | 1 | 1 |
State v. Jamil McKinney(073070)green1 sentence2020In that vein, we must heed the well-settled maxim that errors in a jury charge in a criminal case are generally, if not invariably, regarded as "poor candidates" for the application of the harmless error doctrine and are "ordinarily presumed to be reversible error." State v. Afanador, 151 N.J. 41, 54 (1997); see also State v. McKinney, 223 N.J. 475, 496 (2019) (reaffirming this long- standing principle). | 1 | 1 |
Lesniak v. County of Bergengreen1 sentence2019We reject defendant's contention and reaffirm the long- standing principle, as expressed in Lesniak v. County of Bergen, 117 N.J. 12, 32-33 (1989), that expert testimony is not required to establish the pecuniary 1 Because the decedent and multiple witnesses share the same last names, we will refer to them by their first names. | 1 | 1 |
George Siegler Co. v. Nortongreen1 sentence1977See also, George Siegler Co. v. Norton, 8 N.J. 374 (1952). | 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 |
|---|---|---|
Mani v. Mani
green
2 sentences2012Id. at 80 , 869 A.2d 904 (citations omitted). 2012Id. at 80 , 869 A.2d 904 (citations omitted). | 1 | 2012–2012 |
State v. Biegenwald
green
2 sentences2001To permit a charge to lessen the State’s burden in a criminal case is a violation of the due process clause of the United States Constitution, In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), and the long standing rule of law in New Jersey “that antedates any suggestion that the Constitution compels that burden.” Biegenwald, supra, 106 N.J. at 59 , 524 A.2d 130 . 2001To permit a charge to lessen the State’s burden in a criminal case is a violation of the due process clause of the United States Constitution, In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), and the long standing rule of law in New Jersey “that antedates any suggestion that the Constitution compels that burden.” Biegenwald, supra, 106 N.J. at 59 , 524 A.2d 130 . | 1 | 2001–2001 |
In Re WINSHIP
green
2 sentences2001To permit a charge to lessen the State’s burden in a criminal case is a violation of the due process clause of the United States Constitution, In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), and the long standing rule of law in New Jersey “that antedates any suggestion that the Constitution compels that burden.” Biegenwald, supra, 106 N.J. at 59 , 524 A.2d 130 . 2001To permit a charge to lessen the State’s burden in a criminal case is a violation of the due process clause of the United States Constitution, In re Winship, 397 U.S. 358, 364 , 90 S.Ct. 1068 , 25 L.Ed.2d 368 (1970), and the long standing rule of law in New Jersey “that antedates any suggestion that the Constitution compels that burden.” Biegenwald, supra, 106 N.J. at 59 , 524 A.2d 130 . | 1 | 2001–2001 |
Cochran v. Keeton
green
1 sentence1978In so holding in Cochran v. Keeton, 287 Ala. 439 , 252 S. 2d 313 (1971), the court stated: Considerable comment has been made by legal scholars about the new trend toward judicial abolition of the doctrine of caveat emptor in real estate sales. | 1 | 1978–1978 |
Winberry v. Salisbury
green
1 sentence1977However, this should not be taken as a departure from the long standing rule that the Court is not to invade the Legislature's domain by "mak[ing] substantive law wholesale through the exercise of the rule-making power." Winberry v. Salisbury, supra, 5 N.J. at 248 . | 1 | 1977–1977 |
Cooper v. Aaron
green
2 sentences1963Recently, the Supreme Court in Cooper v. Aaron, 358 U.S. 1 , 78 S.Ct. 1401 , 3 L.Ed. 2 d 5 (1958), struck down a plan to postpone the desegregation of Arkansas schools because of the broad edicts in the 1954 school desegregation opinion in Brown v. Bd. of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), which was declared to be the supreme law of the land. 1963Recently, the Supreme Court in Cooper v. Aaron, 358 U.S. 1 , 78 S.Ct. 1401 , 3 L.Ed. 2 d 5 (1958), struck down a plan to postpone the desegregation of Arkansas schools because of the broad edicts in the 1954 school desegregation opinion in Brown v. Bd. of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), which was declared to be the supreme law of the land. | 1 | 1963–1963 |
Brown v. Board of Education
green
2 sentences1963Recently, the Supreme Court in Cooper v. Aaron, 358 U.S. 1 , 78 S.Ct. 1401 , 3 L.Ed. 2 d 5 (1958), struck down a plan to postpone the desegregation of Arkansas schools because of the broad edicts in the 1954 school desegregation opinion in Brown v. Bd. of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), which was declared to be the supreme law of the land. 1963Recently, the Supreme Court in Cooper v. Aaron, 358 U.S. 1 , 78 S.Ct. 1401 , 3 L.Ed. 2 d 5 (1958), struck down a plan to postpone the desegregation of Arkansas schools because of the broad edicts in the 1954 school desegregation opinion in Brown v. Bd. of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), which was declared to be the supreme law of the land. | 1 | 1963–1963 |
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.