257 N.J. Super. 567 - State v. Jiminez’s Empirical Analysis
1992
Citation profile
12
cited by 12 later decisions
1
states following
October 2001
most recently cited
12 state decisions
Relationships
Relies on State v. Roth · Swann v. Charlotte-Mecklenburg Board of Education · State v. Reyes · State v. Marshall · State v. Hodge
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Now each of these two charges, reckless manslaughter and death by automobile has an element: Recklessness. I'm going to differentiate for you now between the reckless manslaughter statute and the death by automobile statute. Standing alone the reckless driving of an automobile which results in the death of another person satisfies all of the requirements for a violation of the death by automobile statute provided you are so convinced beyond a reasonable doubt. A reckless manslaughter conviction on the other hand must be based on proof beyond a reasonable doubt that the defendant engaged in additional acts of death causative recklessness beyond the mere driving of an automobile in a reckless manner. The State alleges that these acts were among other acts his driving [sic] before the accident. Because the death by automobile statute already contemplates driving under the influence of alcohol within its scope, to constitute reckless manslaughter the drinking required to be proved by the State if drinking is the additional act of death causative recklessness would have to have extraordinary characteristics. That is, that drinking would have to be more than causal [sic] drinking and more than mere intoxication, rather, it would have to be exceptional drinking to a marked extent. To prove reckless manslaughter the State has to prove beyond a reasonable doubt that Mr. Scher's acts before he got into the automobile if drinking was so extraordinary and extreme and if any other acts we”
2 later decisions quote this exact passage · from the majority“if there is proof of recklessness beyond that required to sustain a death-by-auto charge that is, proof of acts of recklessness, in addition to defendant's reckless driving of his automobile, that caused the victim's death then a manslaughter prosecution should be allowed.”
2 later decisions quote this exact passage · from the majority“Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for manslaughter under the provisions of N.J.S. 2C:11-4. If an indictment for manslaughter is brought in a case involving the operation of a motor vehicle,... death by auto ... shall be considered a lesser-included offense. [ N.J.S.A. 2C:11-5d.]”
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.