Legal Opinion
State v. James Denelsbeck(075170)
Supreme Court of New Jersey
Decided May 12, 2016No. A-42-14PublishedCited by 11 opinions
1Opinion of the Court
Judge CUFF
(temporarily assigned) delivered the opinion of the Court.
In this appeal, we consider whether a defendant is entitled to a jury trial when facing a third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This Court previously answered that question in the negative, over twenty-five years ago, in State v. Hamm, 121 N.J. 109, 130, 577 A.2d 1259 (1990), cert. denied, 499 U.S. 947, 111 S.Ct. 1413, 113 L.Ed.2d 466 (1991). Since then, however, the Legislature has amended the DWI statute to include additional penalties. As such, we now apply our analysis…
2Cases cited13 opinions
- Pointer v. TexasSupreme Court of the United States · 1965
- Baldwin v. New YorkSupreme Court of the United States · 1970
- Blanton v. City of North Las VegasSupreme Court of the United States · 1989
- Frank v. United StatesSupreme Court of the United States · 1969
- State v. William L. Witt(074468)Supreme Court of New Jersey · 2015
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. RodriguezNew Jersey Superior Court Appellate Division · 2018
- State v. AnicamaNew Jersey Superior Court Appellate Division · 2018
- Roberto Luna-Reyes v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2020
- STATE OF NEW JERSEY VS. ANTHONY SCUDIERI (20-004, MONMOUTH COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021
- STATE OF NEW JERSEY VS. MARK PLASKON (18-004, MORRIS COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
6 more not listed; retrieve them via the Exa API.