346 N.J. Super. 521 - State v. Watson’s Empirical Analysis
2002
Citation profile
12
cited by 12 later decisions
2
states following
September 2015
most recently cited
12 state decisions
Relationships
Relies on Apprendi v. New Jersey · McMillan v. Pennsylvania · Jones v. United States · Jones v. West · Allison v. United States
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.
“[t]he term of imprisonment shall include the imposition of a minimum term[,] . . . fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater . . . during which the defendant shall be ineligible for parole.”
2 later decisions quote this exact passage · from the majority“shall be sentenced to a term of imprisonment . . . .”
2 later decisions quote this exact passage · from the majority“[Given Apprendi ] and recognizing that a parole ineligibility term could amount to more real time than an enhanced sentence, our Supreme Court understandably applied the rule of Apprendi to an ineligibility term required under NERA. State v. Johnson, 166 N.J. 523 , 766 A. 2d 1126 (2001). But Johnson so held as a matter of statutory interpretation. Id. at 540 , 766 A. 2d 1126 . It did so because N.J.S.A. 2C:43-7.2e, which required a hearing prior to the imposition of a NERA sentence, simply requires that the NERA factor be established at a hearing after the defendant's conviction, without specifying either whether the hearing is before the judge or the jury, or the applicable standard of proof. Johnson, supra, 166 N.J. at 539-40 , 766 A. 2d 1126 . Hence, the NERA statute was interpreted to avoid a constitutional defect in the event McMillan does not survive further scrutiny. [ State v. Watson, supra, 346 N.J.Super. at 532-33 , 788 A. 2d 812 .]”
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.