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6 New Jersey opinions name it 1 courts 1986–2021 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.
| Case | Followed | Cited |
|---|---|---|
State v. Whitakergreen2 sentences2021Because defendant did not request a Clawans instruction or object to the trial court's response to the jury's question, we review the record under the plain error standard for an error "clearly capable of producing an unjust result . . . ." State v. Whitaker, 200 N.J. 444, 465 (2009) (quoting R. 2:10-2). 2021Because defendant did not request a Clawans instruction or object to the trial court's response to the jury's question, we review the record under the plain error standard for an error "clearly capable of producing an unjust result . . . ." State v. Whitaker, 200 N.J. 444, 465 (2009) (quoting R. 2:10-2). | 1 | 1 |
State v. Hillgreen2 sentences2021See State v. Hill, 199 N.J. 545, 560-61 (2009) (generally disapproving of the use of a Clawans instruction against defendants in a criminal trial but recognizing "[t]he procedure of prior notification is . . . required whenever a party wishes to mention the inference during closing argument"). 2021See State v. Hill, 199 N.J. 545, 560-61 (2009) (generally disapproving of the use of a Clawans instruction against defendants in a criminal trial but recognizing "[t]he procedure of prior notification is . . . required whenever a party wishes to mention the inference during closing argument"). | 1 | 1 |
State v. Cocloughgreen2 sentences2021"Not any possibility of an unjust result will suffice as plain error, only 'one sufficient to raise a reasonable doubt as to whether the error led the jury to a result it 10 A-5383-17 otherwise might not have reached.'" State v. Coclough, 459 N.J. 2021"Not any possibility of an unjust result will suffice as plain error, only 'one sufficient to raise a reasonable doubt as to whether the error led the jury to a result it 10 A-5383-17 otherwise might not have reached.'" State v. Coclough, 459 N.J. | 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. Clawans
green
2 sentences2021A Clawans charge, or adverse inference instruction, is grounded in the principle that a "failure of a party to produce before a trial tribunal proof which, it appears, would serve to elucidate the facts in issue, raises a natural inference that the party so failing fears exposure of those facts would be unfavorable to him [or her]." Clawans, 38 N.J. at 170 . 2021A Clawans charge, or adverse inference instruction, is grounded in the principle that a "failure of a party to produce before a trial tribunal proof which, it appears, would serve to elucidate the facts in issue, raises a natural inference that the party so failing fears exposure of those facts would be unfavorable to him [or her]." Clawans, 38 N.J. at 170 . | 2 | 1994–2021 |
WITTER EX REL. WITTER v. Leo
green
2 sentences1996Super. 380, 384 , 635 A. 2d 580 (App.Div. 1994), we applied the Clawans factors in determining that the trial judge had erred in refusing a requested adverse inference jury instruction regarding defendant's failure to produce her son to testify. 1996Super. 380, 384 , 635 A. 2d 580 (App.Div. 1994), we applied the Clawans factors in determining that the trial judge had erred in refusing a requested adverse inference jury instruction regarding defendant's failure to produce her son to testify. | 1 | 1996–1996 |
State v. Jennings
neutral
2 sentences1986Super. 70 (App.Div. 1972), certif. den. 60 N.J. 512 (1972), the trial judge held that the defense could avoid a Clawans instruction only by presenting the witness and having him assert the privilege in the presence of the jury. 1986Super. 70 (App.Div. 1972), certif. den. 60 N.J. 512 (1972), the trial judge held that the defense could avoid a Clawans instruction only by presenting the witness and having him assert the privilege in the presence of the jury. | 1 | 1986–1986 |