6 New Jersey opinions name it 2 courts 1998–2021 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.
| Case | Followed | Cited |
|---|---|---|
Illinois v. Rodriguezgreen2 sentences2021The mistake of fact doctrine, the dissent explained, springs from the “recognition that police officers operating in the field have to make quick decisions.” Id. at 73 (citing Illinois v. Rodriguez, 497 U.S. 177, 186 (1990)). 2021The mistake of fact doctrine, the dissent explained, springs from the “recognition that police officers operating in the field have to make quick decisions.” Id. at 73 (citing Illinois v. Rodriguez, 497 U.S. 177, 186 (1990)). | 2 | 2 |
United States v. Cortezgreen2 sentences2021The doctrine also stems from an “understanding that police officers have the expertise to ‘dra[w] inferences and mak[e] deductions . . . that might well elude an untrained person.’” Ibid. (alterations and omission in original) (quoting United States v. Cortez, 449 U.S. 411, 418 (1981)). 38 By contrast, Justice Sotomayor noted, “the meaning of the law is not probabilistic in the same way that factual determinations are.” Ibid. 2021The doctrine also stems from an “understanding that police officers have the expertise to ‘dra[w] inferences and mak[e] deductions . . . that might well elude an untrained person.’” Ibid. (alterations and omission in original) (quoting United States v. Cortez, 449 U.S. 411, 418 (1981)). 38 By contrast, Justice Sotomayor noted, “the meaning of the law is not probabilistic in the same way that factual determinations are.” Ibid. | 2 | 2 |
State v. Warrengreen2 sentences2004I fully appreciate that “erroneous [jury] instructions on material issues are presumed to be reversible error, excusable only if they are harmless beyond a reasonable doubt.” State v. Warren, 104 N.J. 571, 579 , 518 A.2d 218, 222 (1986) (internal citation and quotation marks omitted). 2004I fully appreciate that “erroneous [jury] instructions on material issues are presumed to be reversible error, excusable only if they are harmless beyond a reasonable doubt.” State v. Warren, 104 N.J. 571, 579 , 518 A.2d 218, 222 (1986) (internal citation and quotation marks omitted). | 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 |
|---|---|---|
Wilson v. Tard
green
2 sentences1999The Appellate Division relied on Wilson v. Tard, 593 F.Supp. 1091 (D.N.J.1984), in which Judge Stern, applying New Jersey law, reversed a conviction of aggravated manslaughter because the trial court had charged the jury that defendant carried the burden of establishing his mistake-of-fact defense by a preponderance of the evidence. 1998Wilson v. Tard, supra, 593 F.Supp. at 1096 .] The State’s burden with respect to the mistake of fact defense to negate the reckless state of mind for a manslaughter conviction is no less compelling than the burden of disproving a reasonable perception of risk to justify a homicide. | 2 | 1998–1999 |
State v. Drew
green
1 sentence2019When the issue relates to a mistake of fact defense, the jury needs to hear an explanation of "what is required for liability to be established." Id. at 197 . | 1 | 2019–2019 |
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.