Legal Opinion

State v. Jenkins

Supreme Court of New Jersey

Decided April 4, 1960PublishedCited by 20 opinions

1Opinion of the Court

The opinion of the court was delivered by

Weikteaxjb, C. J.

The State appeals from a judgment of the Appellate Division, one judge dissenting, vacating the sentence imposed upon defendant and directing resentence. 57 N. J. Super. 93 (1959).

Both the majority and dissenting opinions held the right of an accused “to have the assistance of counsel in his defense,” N. J. Const. (1947), Art. I, par. 10, includes the right to counsel at the time of sentence. We agree. The Appellate Division then proceeded to make factual findings with respect to whether defendant had waived that right. In our view,…

2Cases cited7 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Snyder v. MassachusettsSupreme Court of the United States · 1934
  3. Moore v. MichiganSupreme Court of the United States · 1957
  4. State v. CulverSupreme Court of New Jersey · 1957
  5. Office Employes International Union, Local No. 11 v. National Labor Relations BoardSupreme Court of the United States · 1957

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3Cited by20 opinions

  1. State v. LoraySupreme Court of New Jersey · 1965
  2. State v. WassermanNew Jersey Superior Court Appellate Division · 1962
  3. MacLeod v. Great Northern Paper CompanySupreme Judicial Court of Maine · 1970
  4. In Re GarofoneNew Jersey Superior Court Appellate Division · 1963
  5. State v. JonesNew Jersey Superior Court Appellate Division · 1966

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