196 N.J. Super. 332 - State v. Bielecki’s Empirical Analysis
1984
Citation profile
10
cited by 10 later decisions
2
states following
February 1994
most recently cited
9 state decisions
Relationships
Relies on State v. Cohen · State v. Mullen · 141 N.J. Super. 48 - Hyland v. Ranone
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Retraction may be characterized, in a criminal law context, as a nonexculpatory public policy defense. See Robinson "Criminal Law Defenses: A Systematic Analysis", 82 Columbia L.Review 199, 230-231 (1982). The removal statute, however, is a civil proceeding, and the legislature has not provided that a retraction will vitiate the admission of the misdemeanor of false swearing.... In short, the schemes of the civil removal, criminal, and forfeiture statutes are different. There is no provision that, and no reason why, retraction must be available as a defense to removal under N.J.S.A. 2A:81-17.2a3. [ Id. at 337 , 482 A. 2d 527 (emphasis added).]”
1 later decision quote this exact passage · from the majority“It would be incongruous [sic] to suggest that a public official, a Chief of Police, a person who is sworn to uphold the law, the Chief law enforcement officer of Mount Olive Township, can admit to perjury, recant it and then be immune from any kind of sanction.”
1 later decision quote this exact passage · from the majority“the underlying factual basis of the false swearing admission ... was the investigation of misappropriation of property donated to the municipality or receipt of stolen goods by officers of the Mount Olive Police Department.”
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.