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6 New Jersey opinions name it 2 courts 1964–2018 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 |
|---|---|---|
Mallory v. Statered2 sentences2007Compare Mallory v. State, 261 Ga. 625 , 409 S.E.2d 839, 843 (1991) (declaring that comment on pre-arrest silence “will not be allowed even where the defendant has not received Miranda warnings and where he takes the stand in his own defense”), with State v. Sorenson, 143 Wis.2d 226 , 421 N.W.2d 77, 90 (1988) (noting that comment on pre-Miranda silence is allowed once defendant testifies). 2007Compare Mallory v. State, 261 Ga. 625 , 409 S.E.2d 839, 843 (1991) (declaring that comment on pre-arrest silence “will not be allowed even where the defendant has not received Miranda warnings and where he takes the stand in his own defense”), with State v. Sorenson, 143 Wis.2d 226 , 421 N.W.2d 77, 90 (1988) (noting that comment on pre-Miranda silence is allowed once defendant testifies). | 1 | 1 |
State v. Sorensongreen2 sentences2007Compare Mallory v. State, 261 Ga. 625 , 409 S.E.2d 839, 843 (1991) (declaring that comment on pre-arrest silence “will not be allowed even where the defendant has not received Miranda warnings and where he takes the stand in his own defense”), with State v. Sorenson, 143 Wis.2d 226 , 421 N.W.2d 77, 90 (1988) (noting that comment on pre-Miranda silence is allowed once defendant testifies). 2007Compare Mallory v. State, 261 Ga. 625 , 409 S.E.2d 839, 843 (1991) (declaring that comment on pre-arrest silence “will not be allowed even where the defendant has not received Miranda warnings and where he takes the stand in his own defense”), with State v. Sorenson, 143 Wis.2d 226 , 421 N.W.2d 77, 90 (1988) (noting that comment on pre-Miranda silence is allowed once defendant testifies). | 1 | 1 |
State v. Burtgreen1 sentence1970State v. Burt, 107 N.J. | 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 |
|---|---|---|
Strickland v. Washington
green
1 sentence2018Hindsight is twenty-twenty, but a PCR court must avoid "the distorting effects of hindsight." Strickland, 466 U.S. at 689 . | 1 | 2018–2018 |
State v. Wilson
green
2 sentences1992State v. Wilson, 57 N.J. 39 , 269 A.2d 153 (1970). 1992State v. Wilson, 57 N.J. 39 , 269 A.2d 153 (1970). | 1 | 1992–1992 |
Griffin v. California
green
2 sentences1966We deem this a clear reminder to the jury that defendant had failed to take the stand in his own defense and thus a violation of defendant's privilege against self-incrimination, within Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed. 2 d 106 (1965), recognized in New Jersey as authoritative in State v. Lanzo, 44 N.J. 560 (1965). 1966We deem this a clear reminder to the jury that defendant had failed to take the stand in his own defense and thus a violation of defendant's privilege against self-incrimination, within Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed. 2 d 106 (1965), recognized in New Jersey as authoritative in State v. Lanzo, 44 N.J. 560 (1965). | 1 | 1966–1966 |
State v. Lanzo
green
1 sentence1966We deem this a clear reminder to the jury that defendant had failed to take the stand in his own defense and thus a violation of defendant's privilege against self-incrimination, within Griffin v. State of California, 380 U.S. 609 , 85 S.Ct. 1229 , 14 L.Ed. 2 d 106 (1965), recognized in New Jersey as authoritative in State v. Lanzo, 44 N.J. 560 (1965). | 1 | 1966–1966 |
Twining v. New Jersey
red
2 sentences1964NOTES [1] In Malloy, Mr. Justice Brennan, speaking for a majority of the court, cited Twining v. New Jersey, 211 U.S. 78 , 29 S.Ct. 14 , 53 L.Ed. 97 , and Adamson v. California, 332 U.S. 46 , 67 S.Ct. 1672 , 91 L.Ed. 1903 , and then stated in a footnote: "In both cases the question was whether comment upon the failure of an accused to take the stand in his own defense in a state prosecution violated the privilege. 1964NOTES [1] In Malloy, Mr. Justice Brennan, speaking for a majority of the court, cited Twining v. New Jersey, 211 U.S. 78 , 29 S.Ct. 14 , 53 L.Ed. 97 , and Adamson v. California, 332 U.S. 46 , 67 S.Ct. 1672 , 91 L.Ed. 1903 , and then stated in a footnote: "In both cases the question was whether comment upon the failure of an accused to take the stand in his own defense in a state prosecution violated the privilege. | 1 | 1964–1964 |
Adamson v. California
green
2 sentences1964NOTES [1] In Malloy, Mr. Justice Brennan, speaking for a majority of the court, cited Twining v. New Jersey, 211 U.S. 78 , 29 S.Ct. 14 , 53 L.Ed. 97 , and Adamson v. California, 332 U.S. 46 , 67 S.Ct. 1672 , 91 L.Ed. 1903 , and then stated in a footnote: "In both cases the question was whether comment upon the failure of an accused to take the stand in his own defense in a state prosecution violated the privilege. 1964NOTES [1] In Malloy, Mr. Justice Brennan, speaking for a majority of the court, cited Twining v. New Jersey, 211 U.S. 78 , 29 S.Ct. 14 , 53 L.Ed. 97 , and Adamson v. California, 332 U.S. 46 , 67 S.Ct. 1672 , 91 L.Ed. 1903 , and then stated in a footnote: "In both cases the question was whether comment upon the failure of an accused to take the stand in his own defense in a state prosecution violated the privilege. | 1 | 1964–1964 |
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.