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6 New Jersey opinions name it 2 courts 1988–2020 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Manuel Dozal, United States of America v. Rudy Gonzalezgreen2 sentences2019Federal "circuit courts that have directly addressed this question have unanimously held that a defendant's refusal to consent to a warrantless search may not be presented as evidence of guilt." United States v. Runyan , 290 F.3d 223 , 249 (5th Cir. 2002) ; accord United States v. Dozal , 173 F.3d 787 , 794 (10th Cir. 1999) (noting that "asking a jury to draw adverse inferences from such a refusal may be impermissible if the testimony is not admitted as a fair response to a claim by the defendant or for some other proper purpose"); United States v. McNatt , 931 F.2d 251 , 257-58 (4th Cir. 1991 2019Federal "circuit courts that have directly addressed this question have unanimously held that a defendant's refusal to consent to a warrantless search may not be presented as evidence of guilt." United States v. Runyan, 290 F.3d 223, 249 (5th Cir. 2002); accord United States v. Dozal, 173 F.3d 787, 794 (10th Cir. 1999) (noting that "asking a jury to draw adverse inferences from such a refusal may be impermissible if the testimony is not admitted as a fair response to a claim by the defendant or for some other proper purpose"); United States v. McNatt, 931 F.2d 251, 257-58 (4th Cir. 1991) (hold | 3 | 3 |
United States v. Runyangreen2 sentences2019Federal "circuit courts that have directly addressed this question have unanimously held that a defendant's refusal to consent to a warrantless search may not be presented as evidence of guilt." United States v. Runyan , 290 F.3d 223 , 249 (5th Cir. 2002) ; accord United States v. Dozal , 173 F.3d 787 , 794 (10th Cir. 1999) (noting that "asking a jury to draw adverse inferences from such a refusal may be impermissible if the testimony is not admitted as a fair response to a claim by the defendant or for some other proper purpose"); United States v. McNatt , 931 F.2d 251 , 257-58 (4th Cir. 1991 2019Federal "circuit courts that have directly addressed this question have unanimously held that a defendant's refusal to consent to a warrantless search may not be presented as evidence of guilt." United States v. Runyan, 290 F.3d 223, 249 (5th Cir. 2002); accord United States v. Dozal, 173 F.3d 787, 794 (10th Cir. 1999) (noting that "asking a jury to draw adverse inferences from such a refusal may be impermissible if the testimony is not admitted as a fair response to a claim by the defendant or for some other proper purpose"); United States v. McNatt, 931 F.2d 251, 257-58 (4th Cir. 1991) (hold | 2 | 3 |
United States v. Robert McNattgreen2 sentences2019Federal "circuit courts that have directly addressed this question have unanimously held that a defendant's refusal to consent to a warrantless search may not be presented as evidence of guilt." United States v. Runyan , 290 F.3d 223 , 249 (5th Cir. 2002) ; accord United States v. Dozal , 173 F.3d 787 , 794 (10th Cir. 1999) (noting that "asking a jury to draw adverse inferences from such a refusal may be impermissible if the testimony is not admitted as a fair response to a claim by the defendant or for some other proper purpose"); United States v. McNatt , 931 F.2d 251 , 257-58 (4th Cir. 1991 2019Federal "circuit courts that have directly addressed this question have unanimously held that a defendant's refusal to consent to a warrantless search may not be presented as evidence of guilt." United States v. Runyan, 290 F.3d 223, 249 (5th Cir. 2002); accord United States v. Dozal, 173 F.3d 787, 794 (10th Cir. 1999) (noting that "asking a jury to draw adverse inferences from such a refusal may be impermissible if the testimony is not admitted as a fair response to a claim by the defendant or for some other proper purpose"); United States v. McNatt, 931 F.2d 251, 257-58 (4th Cir. 1991) (hold | 2 | 3 |
State v. Mayberrygreen1 sentence2020So long as prosecutors stay "within the evidence and the legitimate inferences therefrom," State v. R.B., 183 N.J. 308, 330 (2005) (quoting State v. Mayberry, 52 N.J. 413, 437 (1968)), we leave it "for the jury to decide whether to draw the inferences the prosecutor A-4143-17T4 17 urged," State v. Carter, 91 N.J. 86, 125 (1982). | 1 | 1 |
State v. Cartergreen1 sentence2020So long as prosecutors stay "within the evidence and the legitimate inferences therefrom," State v. R.B., 183 N.J. 308, 330 (2005) (quoting State v. Mayberry, 52 N.J. 413, 437 (1968)), we leave it "for the jury to decide whether to draw the inferences the prosecutor A-4143-17T4 17 urged," State v. Carter, 91 N.J. 86, 125 (1982). | 1 | 1 |
State v. RBgreen1 sentence2020So long as prosecutors stay "within the evidence and the legitimate inferences therefrom," State v. R.B., 183 N.J. 308, 330 (2005) (quoting State v. Mayberry, 52 N.J. 413, 437 (1968)), we leave it "for the jury to decide whether to draw the inferences the prosecutor A-4143-17T4 17 urged," State v. Carter, 91 N.J. 86, 125 (1982). | 1 | 1 |
State v. Johnsongreen1 sentence2007See State v. Johnson, 287 N.J.Super. 247, 266 , 670 A. 2d 1100 (App.Div.), certif. denied, 144 N.J. 587 , 677 A. 2d 759 (1996). | 1 | 1 |
State v. Johnsongreen2 sentences2007See State v. Johnson, 287 N.J.Super. 247, 266 , 670 A. 2d 1100 (App.Div.), certif. denied, 144 N.J. 587 , 677 A. 2d 759 (1996). 2007See State v. Johnson, 287 N.J.Super. 247, 266 , 670 A. 2d 1100 (App.Div.), certif. denied, 144 N.J. 587 , 677 A. 2d 759 (1996). | 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. Frost
green
1 sentence2020In sum, viewed in the context of the disputed issues in this case, the prosecutor's comments concerning defendant's volitional decisions were reasonably related to the evidence presented at trial, Frost, 158 N.J. at 82 , and were a fair response to the defense summation. | 1 | 2020–2020 |
United States v. Robinson
green
2 sentences1988The court found no fifth amendment violation, concluding that “where as in this case the prosecutor’s reference to the defendant’s opportunity to testify is a fair response to a claim made by defendant or his counsel, we think there is no violation of the privilege.” Id. at-, 108 S.Ct. at 869, 99 L.Ed.2d at 31 . 1988The court found no fifth amendment violation, concluding that “where as in this case the prosecutor’s reference to the defendant’s opportunity to testify is a fair response to a claim made by defendant or his counsel, we think there is no violation of the privilege.” Id. at-, 108 S.Ct. at 869, 99 L.Ed.2d at 31 . | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.