401 N.J. Super. 421 - State v. Bringhurst’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. “A defendant is faced with a three-step undertaking in proving that a prior uncounseled DWI conviction should not serve to enhance the jail component of a sentence imposed on a subsequent DWI conviction. As a threshold matter, the defendant has the burden of proving in a second or subsequent DWI proceeding that he or she did not receive notice of the right to counsel in the prior case. He or she must then meet the two-tiered Laurick burden. [ Hrycak, supra, 184 N.J. at 363 , 877 A. 2d 1209 (citing Laurick, supra, 120 N.J. at 11 , 575 A. 2d 1340 ).]”

   1 later decision quote this exact passage · from the majority
   e.g. 421 N.J. Super. 121 - State v. Weil

2. “a defendant's burden to justify relaxation of [the] five-year time limit, at least with respect to the reason for the delay, should be significantly less than proof of the `exceptional circumstances' normally required.”

   1 later decision quote this exact passage · from the majority
   e.g. 421 N.J. Super. 121 - State v. Weil

3. “`the extent and cause of the delay, the prejudice to the State, and the importance of the petitioner's claim in determining whether there has been an injustice sufficient to relax the time limits.'”

   1 later decision quote this exact passage · from the majority
   e.g. 421 N.J. Super. 121 - State v. Weil