349 N.J. Super. 145 - State v. Perez’s Empirical Analysis

Citation profile

4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The evidence does not indicate that either in February of 1999 or in May of 1999, that the conversation dealt with sex. In fact D.D. herself testified that there was nothing sexual. The defendant did not do anything that, under the circumstances—did not follow her, did not offer to take her anywhere, did not show her anything; did not ask her any other questions and did not mention he liked her or thought she was pretty or attractive and this would be [applicable] to both February of 1999 and May of 1999. What moves it in the direction of sex is the statement of the defendant. .... It's very close in my judgment as to whether or not both Counts 2 and 3 should be dismissed. It's a close question I believe, but as I indicated the standard is that the State does not have to exclude every reasonable hypothesis except that of guilt, and I think when you consider the totality of the circumstances in giving the State the benefit of all its favorable testimony as well as all of the favorable inferences which reasonably could be drawn therefrom, I think ... a reasonable jury could conclude that the defendant is guilty beyond a reasonable doubt, that is to say, I think the jury can conclude that it was the defendant's conscious object both as to Count 2 and as to Count 3 to engage in a sexual act with this person which would be a prohibited offense or a criminal offense or sexual contact given her age being 13. .... Now it might be that he just wanted to ask her for a date, but, on the”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Perez

2. “a. Any person having a legal duty for the care of a child or who has assumed responsibility for the care of a child who engages in sexual conduct which would impair or debauch the morals of the child, or who causes the child harm that would make the child an abused or neglected child ... is guilty of a crime of the second degree. Any other person who engages in conduct or who causes harm as described in this subsection to a child under the age of 16 is guilty of a crime of the third degree. b. (1) As used in this subsection: "Child" means any child under 16 years of age. [ N.J.S.A. 2C:24-4.]”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Perez

3. “.... Yes, I said come over here [at the second encounter]. She didn't come over, she made a U-turn with the two boys and went up [the] Avenue. I just smiled and continued on my way. I wanted to talk to her because she was across the street, and I wanted to tell her that if she remembers me and that I was the guy that lives over on the corner of [the street]. I just wanted to see her up close and hear her voice and what she's like.”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Perez