Legal Opinion

State v. Shaw

Supreme Court of New Jersey

Decided January 12, 1993PublishedCited by 32 opinions

1Opinion of the Court

The opinion of the Court was delivered by

O’HERN, J.

Our new Code of Criminal Justice “ ‘reflects a delicate balance between discretion and fixed sentencing. An independent judiciary is its fulcrum.’ ” State v. Lagares, 127 N.J. 20, 30, 601 A.2d 698 (1992) (quoting State v. Warren, 115 N.J. 433, 449, 558 A.2d 1312 (1989) (citations omitted)). In this case, we must locate the proper balance point between discretionary and fixed sentencing under the hybrid scheme for drug offenses that vests sentencing authority in both courts and prosecutors. The specific issue concerns the validity of a…

2Cases cited16 opinions

  1. State v. DunbarSupreme Court of New Jersey · 1987
  2. State v. LagaresSupreme Court of New Jersey · 1992
  3. State v. VasquezSupreme Court of New Jersey · 1992
  4. State v. WarrenSupreme Court of New Jersey · 1989
  5. State v. BaylassSupreme Court of New Jersey · 1989

11 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. State v. BrimageSupreme Court of New Jersey · 1998
  2. State v. MastapeterNew Jersey Superior Court Appellate Division · 1996
  3. State v. GernsSupreme Court of New Jersey · 1996
  4. In the Matter of Registrant J.S.New Jersey Superior Court Appellate Division · 2016
  5. State v. PowellNew Jersey Superior Court Appellate Division · 1996

27 more not listed; retrieve them via the Exa API.

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