80 N.J. Super. 176 - State v. Kaiser’s Empirical Analysis

Citation profile

2 district · 5 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is true that in the present case defendants could not have known of Mapp at the trial. But Mapp was decided prior to appeal and we have proof certain that defendants’ counsel knew of its existence at the time the appeal was taken. State v. Valentin, supra, [ 36 N.J. 41 , 174 A.2d 737 (1961)] applied Mapp to a pre-Mapp search. This decision was also in existence prior to the appeal. Finally, State v. Smith, supra, [ 37 N.J. 481 , 181 A.2d 761 (1962)] was decided prior to defendants’ petition for certification to the Supreme Court. Yet, the issue was not raised. Defendants had ample opportunity to attack their conviction directly. They did not do so, and they will not be permitted now to attack it collaterally.””

   1 later decision quote this exact passage · from the majority
   e.g. United States ex rel. Kaiser v. Mahan

2. “a collateral attack should not be allowed,”

   1 later decision quote this exact passage · from the majority
   e.g. 84 N.J. Super. 30 - State v. McNulty