335 N.J. Super. 52 - State v. Blacknall’s Empirical Analysis

Citation profile

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

1. “[T]he very beginning of the criminal process ... is the 5A review—the determination of the accused's eligibility for representation by a public defender. In order for this review to take place and for the system to run effectively, there must be open communication between the accused and the investigator collecting the information in order for the [intake report] to be completed and a determination to be made. The right to representation in a criminal matter is fundamental. The chilling of the process of applying for a public defender would have a negative impact on this right. Accordingly, I find that the investigator for the bail unit, by virtue of his role in the 5A application process, is a "necessary intermediary" within the meaning of State v. Davis, supra, 116 N.J. at 361 , 561 A. 2d 1082 . [ Id. at 58, 760 A. 2d 1151 .]”

   1 later decision quote this exact passage
   e.g. 420 N.J. Super. 182 - In Re Custodian of Records

2. “[t]he burden of proof is on the person asserting the privilege to show that the consultation was a professional one”

   1 later decision quote this exact passage
   e.g. 341 N.J. Super. 117 - Horon Holding Corp. v. McKenzie