context of a constitutional challenge (New Jersey) · Go Syfert
← New Jersey issues

context of a constitutional challenge in New Jersey

6 New Jersey opinions name it 2 courts 1997–2022 2 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 (2)

CaseFollowedCited
State v. Scherzergreen
njsuperctappdiv · 1997 · cited in 3 New Jersey opinions naming this issue, 2019–2022
2 sentences

2022"Even in the context of a constitutional error, a curative instruction will not be deemed inadequate unless there is a real possibility that the error led the jury to a result it otherwise might not have reached." State v. Scherzer, 301 N.J.

2021"Even in the context of a constitutional error, a curative instruction will not be deemed inadequate unless there is a real possibility that the error led the jury to a result it otherwise might not have reached." State v. Scherzer, 301 N.J.

23
Brunetti v. Borough of New Milfordgreen
nj · 1975 · cited in 1 New Jersey opinions naming this issue, 2011–2011
1 sentence

2011In 1975, in Brunetti v. New Milford, supra, we again confronted the applicability of paragraph (c) in the context of a constitutional challenge to a rent control ordinance brought by owners of rental properties. 68 N.J. at 582, 850 A.2d 19 .

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 (4)

CaseCitedYears
State v. Winter green
nj · 1984
2 sentences

2019Super. 363, 441 (App. Div. 1997) (citing Winter, 96 N.J. at 647 ).

1997State v. Winter, supra, 96 N.J. at 647 , 477 A.2d 323 .

21997–2019
Harris v. Branin Transport, Inc. green
njsuperctappdiv · 1998
2 sentences

2007It has also been described as "a `present, fixed interest which in right, reason and natural justice should be protected against arbitrary state action-an innately just and imperative right that an enlightened free society, sensitive to inherent and irrefragable individual rights, cannot deny. . . .'" Harris, supra, 312 N.J.Super. at 50 , 711 A. 2d 331 (quoting Estate of Kolker, 212 N.J.Super. 427, 432 , 515 A. 2d 286 (Law Div.1986)).

2007It has also been described as "a `present, fixed interest which in right, reason and natural justice should be protected against arbitrary state action-an innately just and imperative right that an enlightened free society, sensitive to inherent and irrefragable individual rights, cannot deny. . . .'" Harris, supra, 312 N.J.Super. at 50 , 711 A. 2d 331 (quoting Estate of Kolker, 212 N.J.Super. 427, 432 , 515 A. 2d 286 (Law Div.1986)).

12007–2007
Twiss v. State, Dept. of Treasury green
nj · 1991
2 sentences

2007In the context of a constitutional challenge to retrospective application of a statutory amendment, a "`vested right' [is] a fixed interest entitled to protection from state action." Id. at 470 , 591 A. 2d 913 .

2007In the context of a constitutional challenge to retrospective application of a statutory amendment, a "`vested right' [is] a fixed interest entitled to protection from state action." Id. at 470 , 591 A. 2d 913 .

12007–2007
Estate of Kolker neutral
njsuperctappdiv · 1986
2 sentences

2007It has also been described as "a `present, fixed interest which in right, reason and natural justice should be protected against arbitrary state action-an innately just and imperative right that an enlightened free society, sensitive to inherent and irrefragable individual rights, cannot deny. . . .'" Harris, supra, 312 N.J.Super. at 50 , 711 A. 2d 331 (quoting Estate of Kolker, 212 N.J.Super. 427, 432 , 515 A. 2d 286 (Law Div.1986)).

2007It has also been described as "a `present, fixed interest which in right, reason and natural justice should be protected against arbitrary state action-an innately just and imperative right that an enlightened free society, sensitive to inherent and irrefragable individual rights, cannot deny. . . .'" Harris, supra, 312 N.J.Super. at 50 , 711 A. 2d 331 (quoting Estate of Kolker, 212 N.J.Super. 427, 432 , 515 A. 2d 286 (Law Div.1986)).

12007–2007

Where else courts name it

MI 8 (2003–2024) MO 6 (2000–2018) NJ 6 (1997–2022) GA 6 (1989–2026) TX 6 (1988–2018) WA 6 (1999–2019) FL 5 (2011–2021) IL 4 (2024–2026) PA 4 (1995–2014) IA 4 (2009–2024) WI 4 (1985–2024) OR 3 (1999–2010) NY 3 (1992–1995) AZ 2 (1986–2006) NC 2 (1997–2012) CA 2 (2016–2018) VA 2 (2004–2004) HI 2 (1997–2013) OK 2 (2014–2014) CO 2 (2005–2012) WY 2 (1992–2006)

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.

← Caselaw search · G Cite Topics · Brief Check