equivalent of a new rule (New Jersey) · Go Syfert
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equivalent of a new rule in New Jersey

6 New Jersey opinions name it 2 courts 1981–2024 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
State v. Bursteingreen
nj · 1981 · cited in 4 New Jersey opinions naming this issue, 1983–2024
2 sentences

2024In cases in which "the meaning of a statute as determined by prior decision is changed, the court decision changing it is the equivalent of a new rule of law." State v. Burstein, 85 N.J. 394, 406 (1981).

1984The first is perhaps obvious: that the ruling, the retrospective-prospective application of which is at issue, must be “the equivalent of a new rule of law.” Id. at 464-65 ; see State v. Burstein, supra, 85 N.J. at 403 (“As the very term implies, retroactivity can arise only where there has been a departure from existing law.”).

34
State v. Hendersongreen
nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024After determining a decision reflects a new rule of law, we then balance three factors to determine if retroactive application is warranted: "(1) the purpose of the rule and whether it would be furthered by a retroactive A-1767-22 6 application, (2) the degree of reliance placed on the old rule by those who administered it, and (3) the effect a retroactive application would have on the administration of justice." G.E.P., 243 N.J. at 386 (quoting State v. Henderson, 208 N.J. 208, 300 (2011)).

11
Halliday v. United Statesgreen
scotus · 1969 · cited in 1 New Jersey opinions naming this issue, 1981–1981
2 sentences

1981Cf. Halliday v. United States, 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed.2d 16, 19 (1969) (construing an amendment to Rule 11 of the Federal Rules of Criminal Practice); Oxford Consumer Discount Co. v. Stefanelli, 104 N.J.Super. 512, 521 (App.Div. 1969), aff’d, 55 N.J. 489 , appeal dismissed, 400 U.S. 923 , 91 S.Ct. 183 , 27 L.Ed.2d 182 (1970) (construing the scope of the New Jersey Secondary Loan Act).

1981Cf. Halliday v. United States, 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed.2d 16, 19 (1969) (construing an amendment to Rule 11 of the Federal Rules of Criminal Practice); Oxford Consumer Discount Co. v. Stefanelli, 104 N.J.Super. 512, 521 (App.Div. 1969), aff’d, 55 N.J. 489 , appeal dismissed, 400 U.S. 923 , 91 S.Ct. 183 , 27 L.Ed.2d 182 (1970) (construing the scope of the New Jersey Secondary Loan Act).

11
State v. Cerbogreen
nj · 1979 · cited in 1 New Jersey opinions naming this issue, 1981–1981
1 sentence

1981Cf. State v. Cerbo, 78 N.J. at 606-07 (the law with respect to sealing was "inconsistent and uncertain"). *406 Where the meaning of a statute as determined by prior decision is changed, the court decision changing it is the equivalent of a new rule of law, thus raising the issue of retroactivity.

11
OXFORD CONSUMER DIS. CO. OF N. v. Stefanelligreen
njsuperctappdiv · 1969 · cited in 1 New Jersey opinions naming this issue, 1981–1981
2 sentences

1981Cf. Halliday v. United States, 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed.2d 16, 19 (1969) (construing an amendment to Rule 11 of the Federal Rules of Criminal Practice); Oxford Consumer Discount Co. v. Stefanelli, 104 N.J.Super. 512, 521 (App.Div. 1969), aff’d, 55 N.J. 489 , appeal dismissed, 400 U.S. 923 , 91 S.Ct. 183 , 27 L.Ed.2d 182 (1970) (construing the scope of the New Jersey Secondary Loan Act).

1981Cf. Halliday v. United States, 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed. 2d 16, 19 (1969) (construing an amendment to Rule 11 of the Federal Rules of Criminal Practice); Oxford Consumer Discount Co. v. Stefanelli, 104 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 (8)

CaseCitedYears
State v. Purnell green
nj · 1999
2 sentences

1999State v. Purnell, 161 N.J. 44, 53-54 , 735 A.2d 513 (1999).

1999State v. Purnell, 161 N.J. 44, 53-54 , 735 A.2d 513 (1999).

11999–1999
Salorio v. Glaser green
nj · 1983
2 sentences

1984The first is perhaps obvious: that the ruling, the retrospective-prospective application of which is at issue, must be “the equivalent of a new rule of law.” Id. at 464-65 ; see State v. Burstein, supra, 85 N.J. at 403 (“As the very term implies, retroactivity can arise only where there has been a departure from existing law.”).

1984The first is perhaps obvious: that the ruling, the retrospective-prospective application of which is at issue, must be "the equivalent of a new rule of law." Id. at 464-65 ; see State v. Burstein, supra, 85 N.J. at 403 ("As the very term implies, retroactivity can arise only where there has been a departure from existing law.").

11984–1984
United States v. United States Coin & Currency green
scotus · 1971
2 sentences

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed.2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmore

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed.2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmore

11984–1984
Mirza v. Filmore Corp. green
nj · 1983
2 sentences

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed.2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmore

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed. 2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed. 2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmor

11984–1984
Cogliati v. Ecco High Frequency Corp. green
nj · 1983
2 sentences

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed.2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmore

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed. 2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed. 2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmor

11984–1984
United States v. Johnson yellow
scotus · 1982
2 sentences

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed.2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmore

1984The second may be more subtle but is of equal significance: It is important to recognize that we are acting within the framework of appropriate equitable relief with respect to an unconstitutional * * * statute and not with regard to the retrospective effect of a new rule of criminal procedure, United States v. Johnson, 457 U.S. 537 , 102 S.Ct. 2579 , 73 L.Ed.2d 202 (1982); or a substantive constitutional principle, United States v. United States Coin & Currency, 401 U.S. 715 , 91 S.Ct. 1041 , 28 L.Ed.2d 434 (1971); or a rule of judge-made law applicable to civil proceedings, Mirza v. Filmore

11984–1984
First Mercantile Consumer Discount Co. v. Stefanelli neutral
scotus · 1970
1 sentence

1981Cf. Halliday v. United States, 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed.2d 16, 19 (1969) (construing an amendment to Rule 11 of the Federal Rules of Criminal Practice); Oxford Consumer Discount Co. v. Stefanelli, 104 N.J.Super. 512, 521 (App.Div. 1969), aff’d, 55 N.J. 489 , appeal dismissed, 400 U.S. 923 , 91 S.Ct. 183 , 27 L.Ed.2d 182 (1970) (construing the scope of the New Jersey Secondary Loan Act).

11981–1981
Oxford Consumer Discount Co. v. Stefanelli green
nj · 1970
1 sentence

1981Cf. Halliday v. United States, 394 U.S. 831 , 89 S.Ct. 1498 , 23 L.Ed.2d 16, 19 (1969) (construing an amendment to Rule 11 of the Federal Rules of Criminal Practice); Oxford Consumer Discount Co. v. Stefanelli, 104 N.J.Super. 512, 521 (App.Div. 1969), aff’d, 55 N.J. 489 , appeal dismissed, 400 U.S. 923 , 91 S.Ct. 183 , 27 L.Ed.2d 182 (1970) (construing the scope of the New Jersey Secondary Loan Act).

11981–1981

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