369 N.J. Super. 466 - State v. Simms’s Empirical Analysis
2004
Citation profile
6
cited by 6 later decisions
1
states following
May 2010
most recently cited
2 district · 4 state decisions
Relationships
Relies on Benitez v. Mata · State v. Garron · State v. Jenkins · State v. Dixon · State v. Mulvihill
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.
“It is virtually axiomatic that a defendant is entitled to the benefit of a charge explaining lesser-included offenses. The well-established rule is that if a charge on the lesser-included is requested, it must be given if rationally based on the evidence, and if not requested, must nevertheless be given if clearly indicated by the evidence. See, e.g., State v. Garron, 177 N.J. 147, 179-181 , 827 A.2d 243 , cert. denied, 540 U.S. 1160 , 124 S.Ct. 1169 , 157 L. Ed. 2d 1204 (2004); State v. Savage, 172 N.J. 374, 396-397 , 799 A. 2d 477 (2002); State v. Dixon, 125 N.J. 223, 255-256 , 593 A. 2d 266 (1991). Beyond that, the judge has an independent obligation to instruct on clearly indicated lesser-included offenses even if the defendant objects. State v. Jenkins, 178 N.J. 347, 361 , 840 A. 2d 242 (2004). [ Simms, supra, 369 N.J.Super. 466, 471 , 849 A. 2d 573 (App.Div.2004).]”
1 later decision quote this exact passage · from the majority“[A] person is guilty of a crime of the fourth degree if he, by flight, purposely prevents or attempts to prevent a law enforcement officer from effecting an arrest.”
1 later decision quote this exact passage · from the majority“[I]f the officer uses excessive or unnecessary force `the citizen may respond or counter with the use of reasonable force to protect himself ....'”
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.