272 N.J. Super. 414 - State v. Tarver’s Empirical Analysis
1994
Citation profile
12
cited by 12 later decisions
2
states following
August 2008
most recently cited
12 state decisions
Relationships
Relies on In the Matter of Samuel Winship · Corbitt v. New Jersey · State v. Roth · State v. MacOn · State v. Reyes
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.
“is not whether a reviewing court would have reached a different conclusion on what an appropriate sentence should be; it is rather whether, on the basis of the evidence, no reasonable sentencing court could have imposed the sentence under review.”
2 later decisions quote this exact passage · from the dissent“On this record, given that there was unrebutted testimony that the school may have been closed for a year and was not being used for anything at the time of the offense, the judge’s instruction to the jury that it did not matter “that the school may have been temporarily closed down,” was in error. Considering the record as a whole, a judgment of acquittal should have been granted as it was the State’s burden to prove every element of the offense, including that the property was being “used for school purposes.” Here, a reasonable jury could not conclude beyond a reasonable doubt that the property was being use[d] for school purposes' on the date in question.”
1 later decision quote this exact passage · from the dissent“(a) Prohibited. — A person may not manufacture, distribute, dispense, or possess with intent to distribute a controlled dangerous substance in violation of § 5-602 of this subtitle or conspire to commit any of these crimes: (2) in, on, or within 1000 feet of real property owned by or leased to an elementary school, secondary school, or county board and used for elementary and secondary education. (b) Application of subsection (a). — Subsection (a) of this section applies whether or not: (1) school was in session at the time of the crime; or (2) the real property was being used for purposes other than school purposes at the time of the crime.[ 4 ]”
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.