Legal Opinion
State v. Sims
Supreme Court of New Jersey
Decided July 16, 1974PublishedCited by 58 opinions
1Opinion of the Court
The opinion of the Court was delivered by
Clifford, J.
This case calls upon the Court to clarify the law in New Jersey with respect to when the State may appeal the grant of a new trial to a criminal defendant. It thus requires reexamination of the standard set forth in dictum in State v. LaFera, 42 N. J. 97, 104 (1964) which would permit a State to seek leave to appeal only if the trial court’s grant of a new trial were based on a question arising outside or collateral to the record. Were that standard adhered to, the new trial awarded to defendants here would not be appealable.
*363We conclude…
2Cases cited27 opinions
- Townsend v. SainSupreme Court of the United States · 1963
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- Harris v. NelsonSupreme Court of the United States · 1969
- Ross v. MoffittSupreme Court of the United States · 1974
22 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- State v. CarterSupreme Court of New Jersey · 1982
- State v. BrownSupreme Court of New Jersey · 1990
- State v. EngelNew Jersey Superior Court Appellate Division · 1991
- State v. WidmaierSupreme Court of New Jersey · 1999
- State v. KluberNew Jersey Superior Court Appellate Division · 1974
53 more not listed; retrieve them via the Exa API.