269 N.J. Super. 86 - State v. Smith’s Empirical Analysis

Citation profile

12 state decisions

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.

1. “"The prosecutor's disclosure obligation is limited to evidence which, if believed, would establish in itself that [the defendant] had not committed the crime — such as a confession by another to the crime or evidence that `the accused was nowhere near the scene of the crime when it occurred.' Even then, consideration will be given to the likely reliability of the non-disclosed evidence." [ Smith, supra, 269 N.J. Super. at 97 , 634 A. 2d 576 (quoting ibid. ).]”

   2 later decisions quote this exact passage · from the majority
   e.g. 281 N.J. Super. 285 - State v. Hogan · 284 N.J. Super. 373 - State v. Epps

2. “obligation to give the grand jury evidence in the prosecutor's possession which clearly exculpates a defendant, that is, evidence that directly negates a defendant's guilt.”

   2 later decisions quote this exact passage · from the majority
   e.g. 352 N.J. Super. 178 - State v. Evans · 281 N.J. Super. 285 - State v. Hogan

3. “U.S. v. Williams, 504 U.S. [36] at 51, 112 S.Ct. [1735] at 1744, 118 L.Ed. 2d [352] at 368. But we think the grand jury cannot function as a shield if the prosecutor does not present evidence that clearly negates the guilt of a defendant. See State v. Gaughran, 260 N.J. Super. at 290 , 615 A. 2d 1293 (objective medical evidence that alleged rape by defendant did not occur). Cf. State v. Perry, 124 N.J. at 168 , 590 A. 2d 624 . [ Id. at 97.] We also quoted LaFave & Israel, 2 Criminal Procedure § 15.4(d) (1991).”

   1 later decision quote this exact passage · from the majority
   e.g. 281 N.J. Super. 285 - State v. Hogan