7 New Jersey opinions name it 2 courts 1991–2017 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 |
|---|---|---|
Remmer v. United Statesgreen2 sentences2017In Remmer, the Supreme Court indicated that such a "private communication, contact, or tampering, directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial." Id. at 229 , 74 S. Ct. at 451 , 98 L. 2017In Remmer, the Supreme Court indicated that such a "private communication, contact, or tampering, directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial." Id. at 229 , 74 S. Ct. at 451 , 98 L. | 1 | 1 |
cluster 238423green1 sentence1994Therefore, we urge district courts to ask the jury for what purpose it is requesting a magnifying glass or any other tool that could conceivably, albeit unlikely, be used for improper purposes, and to give an instruction when appropriate. [Emphasis added.] [Id at 396-97.] Western Spring Service Co. v. Andrew, 229 F.2d 413, 419 (10th Cir.1956), involved a post-trial claim of jury misconduct, consisting of a contention that the jury foreman brought a magnifying glass to the jury room and used it to examine an allegedly faulty weld in a drive shaft. | 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 |
|---|---|---|
United States v. Tyrone Anthony Gray
green
2 sentences2005Id. at 708-09 . 2005Id. at 708-09 . | 1 | 2005–2005 |
State v. Johnson
green
2 sentences2005In Johnson , the Court held that a post-trial hearing in which a judge finds a NERA predicate, see N.J.S.A. 2C:43-7.2e (deleted by L. 2001, c. 129, § 1), is not constitutionally adequate and "that the factual predicate for a NERA sentence must be found by a jury under the `beyond a reasonable doubt' standard." Johnson, supra, 166 N.J. at 543-44 , 766 A. 2d 1126 . 2005In Johnson , the Court held that a post-trial hearing in which a judge finds a NERA predicate, see N.J.S.A. 2C:43-7.2e (deleted by L. 2001, c. 129, § 1), is not constitutionally adequate and "that the factual predicate for a NERA sentence must be found by a jury under the `beyond a reasonable doubt' standard." Johnson, supra, 166 N.J. at 543-44 , 766 A. 2d 1126 . | 1 | 2005–2005 |
Linek v. Korbeil
green
2 sentences2003There was an additional letter from [counsel for plaintiff] ... wherein he referred to a recent Appellate Division decision, [ Linek v. Korbeil, 333 N.J.Super. 464 , 755 A. 2d 1229 (App.Div.2000)], and argued again, as he had throughout the entire trial and the post trial hearing and correspondence going back and forth that the court's calculation of the value of [plaintiff's] interest in [defen-dant's] retirement was incorrect. 2003There was an additional letter from [counsel for plaintiff] ... wherein he referred to a recent Appellate Division decision, [ Linek v. Korbeil, 333 N.J.Super. 464 , 755 A. 2d 1229 (App.Div.2000)], and argued again, as he had throughout the entire trial and the post trial hearing and correspondence going back and forth that the court's calculation of the value of [plaintiff's] interest in [defen-dant's] retirement was incorrect. | 1 | 2003–2003 |
State v. Brown
green
1 sentence1993Ibid. | 1 | 1993–1993 |
State v. Savage
green
2 sentences1991In State v. Savage, supra, 120 N.J. 594 , 577 A. 2d 455 , a similar trial-counsel failure failure even to consider a psychiatric defense necessitated a post-trial hearing at which trial counsel explained his rationale for the decision. 1991In State v. Savage, supra, 120 N.J. 594 , 577 A. 2d 455 , a similar trial-counsel failure failure even to consider a psychiatric defense necessitated a post-trial hearing at which trial counsel explained his rationale for the decision. | 1 | 1991–1991 |
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.