State v. Brimage’s Empirical Analysis
1998
Citation profile
75 state decisions
How this case has been cited
Cited by 75 later decisions — most recently April 2018 · most notably State v. Bellamy (2003), State v. Mercedes (2000)
75 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on State v. Roth · Hervey v. Shalala · State v. Leonardis · State v. Hodge · State v. Jarbath
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he [Attorney General's] Guidelines fail to appropriately channel prosecutorial discretion, thus leading to arbitrary and unreviewable differences between different localities.”
3 later decisions quote this exact passage · from the dissent“[t]o meet those goals, the Code offers specific sentencing instruction to judges, including detailed guidelines and rules. In particular, the Code provides for a range of permissible sentences for each degree of crime, N.J.S.A 2C:43-6(a); certain mandatory minimum punishments, such as under the Graves Act, N.J.S.A. 2C:43-6(c); the imposition of a mandatory extended term of imprisonment for certain crimes within specified permissible ranges, N.J.S.A. 2C:43-7(a); a presumption of imprisonment for all first and second degree offenses, N.J.S.A 2C:44-1(d); a list of specific aggravating and mitigating factors to be considered in sentencing, N.J.SA 2C:44-1(a), (b); a list of authorized sentencing dispositions, N.J.S.A. 2C:43-2; and a list of the grounds upon which a defendant must be sentenced to a mandatory extended term, N.J.S.A 2C:44-3. While the Code still affords discretion to individual judges in deciding among different factors and choosing a sentence within a permissible range, that discretion is guided by specific standards which apply on a uniform, statewide basis. [ Brimage, supra, 153 N.J. at 20-21 , 706 A.2d 1096 .]”
2 later decisions quote this exact passage · from the majority“[AG Guidelines 11-33 & 11-34.] Once the prosecutor offers use immunity, the officer shall be advised according to AG Guidelines 11-35 and 11-36, which adds provisions regarding use immunity. On January 9, 1997, the Legislature enacted the Law Enforcement Protection Act. The Legislature mandated that Every law enforcement agency shall adopt and implement guidelines which shall be consistent with the guidelines governing the "Internal Affairs Policy and Procedures" of the Police Management Manual promulgated by the Police Bureau of the Division of Criminal Justice in the Department of Law and Public Safety, and shall be consistent with any tenure or civil service laws, and shall not supersede any existing contractual agreements. [ N.J.S.A. 40A:14-181 (emphasis added).] Contrary to appellant's contention, we find no inconsistency with the AG Guidelines regarding counsel and our decision in Banca . As noted above, AG Guideline 11-26 recognizes that the Sixth Amendment right to counsel does not extend to internal investigations and directs that officers should be permitted to obtain counsel if they so desire. It is obvious that our decision in Banca did not address the right to counsel, but rather focused on use immunity and an officer's Fifth Amendment privilege against self-incrimination. Moreover, the AG Guidelines instruct law enforcement agencies to comply with Banca and direct the proper procedure to be followed in conducting an internal affairs investigation. In short, Banc”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.