416 N.J. Super. 195 - State v. Triestman’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances: (1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury; (2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional or occupational status; (3) The victim is at least 16 but less than 18 years old and: (a) The actor is related to the victim by blood or affinity to the third degree; or (b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or (c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household; (4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim. [Emphasis added.]”

   1 later decision quote this exact passage · from the concurrence
   e.g. 417 N.J. Super. 219 - State v. Lee

2. “A trial court decision will constitute an abuse of discretion where `the "decision [was] made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis.”

   1 later decision quote this exact passage · from the majority
   e.g. 425 N.J. Super. 504 - State v. Salter

3. “[A]n indictment will fail where a prosecutor's instructions to the grand jury were misleading or an incorrect statement of law.”

   1 later decision quote this exact passage · from the majority
   e.g. 439 N.J. Super. 304 - State of New Jersey v. Ibrahim J. Eldakroury