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55 N.J. 331

261 A.2d 662

State v. Johnson

Supreme Court of New Jersey

Decided February 16, 1970

Supreme Court of New Jersey · decided 1970-02-16

Key passage — most relied on by later courts

“support a finding that the warnings were ineffective on the thesis that the defendant felt `the cat was already out of the bag.'”

quoted by 1 later decision, including 116 N.J. Super. 449 - State v. Wade

Relies on 106 N.J. Super. 295 - State v. Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1970-02-16

How this case has been cited

Cited by 21 later decisions — most recently May 2012

1 federal appellate · 20 state decisions — followed in 11 states

8019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 The judgment of the Appellate Division is reversed and the judgment of the trial court is affirmed for the reasons given in the dissenting opinion in the appellate court. 106 N. J. Super. 295, 299 (1969). We add that we see no basis in fact for the finding in the majority opinion that upon defendant’s response to the officer’s preliminary question, defendant’s “psychological defenses against full self-incrimination were down” (106 N. J. Super., at 298). Defendant, who testified, did not say he gave the written statement for that reason.' In fact, defendant denied receiving any warnings at all. The “taint” issue was thus posited entirely upon the officer’s testimony, and that testimony does not support a finding that the warnings were ineffective on the thesis that the defendant felt “the cat was already out of the bag.”

¶2 For reversal — Chief Justice Weiutraub and Justices Jacobs, Proctor, Hall, Schettino and Hanemait — 6.

¶3 For affirmance — Hone.

/55/nj/331 · .json · Public domain