concomitant presumption (New Jersey) · Go Syfert
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concomitant presumption in New Jersey

6 New Jersey opinions name it 2 courts 1902–1996 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.

Followed or applied (7)

CaseFollowedCited
United States v. Larry Allen Myersgreen
ca5 · 1977 · cited in 2 New Jersey opinions naming this issue, 1991–1996
2 sentences

1996See United States v. Myers, 550 F. 2d 1036, 1044 (5th Cir.1977) (“A concomitant of the presumption of innocence is that a defendant must be tried for what he did, not who he is.”), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed.2d 149 (1978).

1996See United States v. Myers, 550 F. 2d 1036, 1044 (5th Cir.1977) ("A concomitant of the presumption of innocence is that a defendant must be tried for what he did, not who he is."), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed. 2d 149 (1978).

22
Franklin v. Crosby Typesetting Co.green
scotus · 1978 · cited in 2 New Jersey opinions naming this issue, 1991–1996
2 sentences

1996See United States v. Myers, 550 F. 2d 1036, 1044 (5th Cir.1977) (“A concomitant of the presumption of innocence is that a defendant must be tried for what he did, not who he is.”), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed.2d 149 (1978).

1996See United States v. Myers, 550 F. 2d 1036, 1044 (5th Cir.1977) ("A concomitant of the presumption of innocence is that a defendant must be tried for what he did, not who he is."), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed. 2d 149 (1978).

22
Payton v. Paytongreen
scotus · 1978 · cited in 2 New Jersey opinions naming this issue, 1991–1996
2 sentences

1996See United States v. Myers, 550 F. 2d 1036, 1044 (5th Cir.1977) (“A concomitant of the presumption of innocence is that a defendant must be tried for what he did, not who he is.”), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed.2d 149 (1978).

1996See United States v. Myers, 550 F. 2d 1036, 1044 (5th Cir.1977) ("A concomitant of the presumption of innocence is that a defendant must be tried for what he did, not who he is."), cert. denied, 439 U.S. 847 , 99 S.Ct. 147 , 58 L.Ed. 2d 149 (1978).

22
Bartlett v. Middletown Twp.green
njsuperctappdiv · 1958 · cited in 1 New Jersey opinions naming this issue, 1962–1962
1 sentence

1962Super. 47, 69-70 ( App. Div. 1956), and Bartlett v. Middletown Twp., 51 N.J.

11
Clary v. Borough of Eatontowngreen
njsuperctappdiv · 1956 · cited in 1 New Jersey opinions naming this issue, 1962–1962
1 sentence

1962VII, par. 11, and the concomitant rule of law that judicial restraint is to be observed in the interpretation of municipal classifications and regulations which are embodied in municipal zoning ordinances, see, e.g., Clary v. Eatontown, 41 N.J.

11
Hasbrouck Heights Hospital Ass'n v. Borough of Hasbrouck Heightsgreen
nj · 1954 · cited in 1 New Jersey opinions naming this issue, 1955–1955
1 sentence

1955Hasbrouck Heights Hospital Association v. Borough of Hasbrouck *595 Heights, 15 N.J. 447, 454, 455 (1954); see Marrocco v. Board of Adjustment of Passaic, 5 N.J.

11
Marrocco v. Bd. of Adjustment of City of Passaicgreen
njsuperctappdiv · 1949 · cited in 1 New Jersey opinions naming this issue, 1955–1955
1 sentence

1955Hasbrouck Heights Hospital Association v. Borough of Hasbrouck *595 Heights, 15 N.J. 447, 454, 455 (1954); see Marrocco v. Board of Adjustment of Passaic, 5 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 (2)

CaseCitedYears
People v. Horowitz green
ny · 1967
2 sentences

1978The court therein noted, in quoting from People v. Horowitz, 21 N.Y. 2d 55 , 286 N.Y.S. 2d 473 , 233 N.E. 2d 453 (Ct. App. 1967), that *113 even where reports of criminal activity are received from such sources there is a concomitant requirement that the police "as a whole [must be] in possession of information sufficient to constitute probable cause to make the arrest." Gillman, supra, 113 N.J.

1978The court therein noted, in quoting from People v. Horowitz, 21 N.Y. 2d 55 , 286 N.Y.S. 2d 473 , 233 N.E. 2d 453 (Ct. App. 1967), that *113 even where reports of criminal activity are received from such sources there is a concomitant requirement that the police "as a whole [must be] in possession of information sufficient to constitute probable cause to make the arrest." Gillman, supra, 113 N.J.

11978–1978
Ferris v. . Van Vechten green
· 1878
1 sentence

1902Ferris v. Van Vechten, 73 N. Y. 113 .

11902–1902

Where else courts name it

CA 21 (1962–2025) NY 13 (1941–2008) TX 11 (1984–2024) PA 10 (2001–2022) CT 8 (1963–2022) TN 7 (1994–2013) FL 6 (1985–2026) IA 6 (2004–2015) NJ 6 (1902–1996) OR 5 (1991–2019) MD 5 (1975–2016) KS 4 (1948–2021) MI 4 (1979–2024) NM 3 (1997–2004) MO 3 (1971–1991) AZ 3 (1972–1984) OH 3 (1983–1990) MT 3 (2010–2014) GA 3 (1993–2014) DC 2 (1982–1989) WA 2 (1975–1989) MA 2 (1996–2024) RI 2 (1981–1983) IL 2 (1954–1969) DE 2 (2016–2021) AL 2 (2004–2005) WY 2 (2004–2006) ME 2 (1965–1988)

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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