animating principle (New Jersey) · Go Syfert
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animating principle in New Jersey

6 New Jersey opinions name it 2 courts 2004–2026 1 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 (5)

CaseFollowedCited
Lonegan v. Stategreen
nj · 2003 · cited in 2 New Jersey opinions naming this issue, 2015–2015
2 sentences

2015See Lonegan II, supra, 176 N.J. at 13-14 , 819 A.2d 395 ; Lonegan I, supra, 174 N.J. at 462-63 , 809 A.2d 91 .

2015See Lonegan II, supra, 176 N.J. at 13-14 , 819 A.2d 395 ; Lonegan I, supra, 174 N.J. at 462-63 , 809 A.2d 91 .

22
Silver v. Silvergreen
njsuperctappdiv · 2006 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026See Silver, 387 N.J.

11
Green v. United Statesgreen
scotus · 1957 · cited in 1 New Jersey opinions naming this issue, 2017–2017
2 sentences

2017The animating principle underlying the Double Jeopardy Clause is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty. [Green v. United States, 355 U.S. 184 , 187- 88, 78 S. Ct. 221, 223 , 2 L.

2017The animating principle underlying the Double Jeopardy Clause is that the State with all its resources and power should not be allowed to make repeated attempts to convict an individual for an alleged offense, thereby subjecting him to embarrassment, expense and ordeal and compelling him to live in a continuing state of anxiety and insecurity, as well as enhancing the possibility that even though innocent he may be found guilty. [Green v. United States, 355 U.S. 184 , 187- 88, 78 S. Ct. 221, 223 , 2 L.

11
State v. DeLucagreen
nj · 1987 · cited in 1 New Jersey opinions naming this issue, 2017–2017
2 sentences

2017See De Luca, supra, 108 N.J. at 102 , 527 A.2d 1355 .

2017See De Luca, supra, 108 N.J. at 102 , 527 A.2d 1355 .

11
Robertson v. Hackensack Trust Co.green
nj · 1949 · cited in 1 New Jersey opinions naming this issue, 2011–2011
2 sentences

2011As indicated by this Court's often-quoted rationale, truth was the justifying principle for the admission of res gestae evidence: [T]he admissibility of the proofs as res gestae has as its justifying principle that truth, like the Master's robe, is of one piece, without seam, woven from the top throughout, that each fact has its inseparable attributes and its kindred facts materially affecting its character, and that the reproduction of a scene with its multiple incidents, each created naturally and without artificiality and not too distant in point of time, will by very quality and texture te

2011As indicated by this Court's often-quoted rationale, truth was the justifying principle for the admission of res gestae evidence: [T]he admissibility of the proofs as res gestae has as its justifying principle that truth, like the Master's robe, is of one piece, without seam, woven from the top throughout, that each fact has its inseparable attributes and its kindred facts materially affecting its character, and that the reproduction of a scene with its multiple incidents, each created naturally and without artificiality and not too distant in point of time, will by very quality and texture te

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 (3)

CaseCitedYears
Lonegan v. State green
nj · 2002
2 sentences

2015See Lonegan II, supra, 176 N.J. at 13-14 , 819 A.2d 395 ; Lonegan I, supra, 174 N.J. at 462-63 , 809 A.2d 91 .

2015See Lonegan II, supra, 176 N.J. at 13-14 , 819 A.2d 395 ; Lonegan I, supra, 174 N.J. at 462-63 , 809 A.2d 91 .

22015–2015
Hunter v. State of New Jersey green
nj · 1878
2 sentences

2011See, e.g., Robertson, supra, 1 N.J. at 312 , 63 A. 2d 515 ; Hunter, supra, 40 N.J.L. at 538-39 .

2011See, e.g., Robertson, supra, 1 N.J. at 312 , 63 A. 2d 515 ; Hunter, supra, 40 N.J.L. at 538-39 .

12011–2011
Connally v. Georgia green
scotus · 1977
2 sentences

2004The situation, again, is one which offers “a possible temptation to the average man as a judge ... or which might lead him not to hold the balance nice, clear and true between the State and the accused.” It is, in other words, another situation where the defendant is subjected to what surely is judicial action by an officer of a court who has “a direct, personal, substantial, pecuniary interest” in his conclusion to issue or to deny the warrant. [Id. at 250, 97 S.Ct. at 548 , 50 L.Ed.2d at 448 .] In Marshall , however, the Court concluded that the animating principle of Tumey, Ward and Connall

2004The situation, again, is one which offers “a possible temptation to the average man as a judge ... or which might lead him not to hold the balance nice, clear and true between the State and the accused.” It is, in other words, another situation where the defendant is subjected to what surely is judicial action by an officer of a court who has “a direct, personal, substantial, pecuniary interest” in his conclusion to issue or to deny the warrant. [Id. at 250, 97 S.Ct. at 548 , 50 L.Ed.2d at 448 .] In Marshall , however, the Court concluded that the animating principle of Tumey, Ward and Connall

12004–2004

Where else courts name it

CA 11 (2009–2025) IA 6 (1988–2016) NJ 6 (2004–2026) MN 4 (2003–2023) TX 4 (2011–2015) MD 4 (1999–2026) WI 4 (1994–2017) DC 3 (2018–2026) ID 3 (2023–2023) CT 3 (2013–2017) NY 2 (1928–1982) IL 2 (1988–2021) OR 2 (2017–2022) NM 2 (2012–2012) TN 2 (2017–2018) IN 2 (1996–1997) MI 2 (1968–1968)

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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