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← 279 NJSUPER 535 - State ex rel. V.M.

State ex rel. V.M.’s Empirical Analysis

1995

Citation profile

6
cited by 6 later decisions
1
states following
July 2013
most recently cited

6 state decisions

How this case has been cited

Cited by 6 later decisions — most recently July 2013

6 state decisions

20199520002010decided

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 Kimmelman v. Henkels & McCoy, Inc. · State v. Green · Dept. of Law & Public Safety v. Bigham · In re Birchwale · Town of Morristown v. Woman's Club

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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “‘Statutes in pari materia are to be construed together when helpful in resolving doubts or uncertainties and the uncertainty of legislative intent.’ State v. Green, 62 N.J. 547, 554-55 , 303 A.2d 312 (1973). In reading the statutes together (N.J.S.A 2A:4A-43b(1) and N.J.S.A. 20:20-2.1), we are satisfied that the Legislature did not intend the theft penalties in N.J.S.A. 20:20-2.1 to apply to a disposition in the form of a review period under N.J.S.A. 2A:4A-43b(l). This latter section provides for adjournment of ‘formal entry of disposition^]’ and further provides that ‘if during the period of continuance the juvenile makes such an adjustment, [the court shall] dismiss the complaint.’ In our view it is incompatible with dismissal of the complaint to require imposition of mandatory penalties, unless specifically required by N.J.S.A 2A:4A-43. Further, our interpretation is supported by the express wording of N.J.S.A 2A:4A-43b(1), which provides that upon adjournment of ‘formal entry of disposition of delinquency ... the court shall assess the mandatory penalties set forth in N.J.S.A 20:35-15 but may waive imposition of the penalty set forth in N.J.S.A. 20:35-16 for juveniles adjudicated delinquent.’ Surely, if the Legislature intended the penalties of N.J.S.A 20:20-2.1 to apply to a disposition under N.J.S.A. 2A:4A-43b(1), it would have expressly included N.J.S.A 20:20-2.1 in this section of the statute. [quoting ( V.M., supra, 279 N.J.Super. at 539 , 653 A.2d 612 ).]”
    2 later decisions quote this exact passage · from the majority
  2. “(1) Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint; provided that if the court adjourns formal entry of disposition of delinquency for a violation of an offense defined in chapter 35 or 36 of Title 2C of the New Jersey Statutes the court shall assess the mandatory penalty set forth in N.J.S. 2C:S5-15 but may waive imposition of the penalty set forth in N.J.S. 2C:S5-16 for juveniles adjudicated delinquent [.] [N.J.S.A. 2A:4A-43(b)(l) (emphasis added).]”
    2 later decisions quote this exact passage · from the majority
  3. “b. If a juvenile is adjudged delinquent, and except to the extent that an additional specific disposition is required pursuant to subsection e. or f. of this section, the court may order incarceration pursuant to section 25 of P.L.1982, c. 77 (c. 2A:4A-44) or any one or more of the following dispositions: Adjourn formal entry of disposition of the case for a period not to exceed 12 months for the purpose of determining whether the juvenile makes a satisfactory adjustment, and if during the period of continuance the juvenile makes such an adjustment, dismiss the complaint; provided that if the court adjourns formal entry of the disposition of delinquency for a violation of an offense defined in Chapter 35 or 36 of Title 2C of the New Jersey Statutes the court shall assess the mandatory penalty set forth in N.J.S.A. 2C:35-15 but may waive imposition of the penalty set forth in N.J.S.A 2C:35-16 ...”
    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.