American Petroleum Institute v. New Jersey Department of Environmental Protection

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that span of approximately 12 years “was not too remote to erode the probative value of the prior conviction” that was identical to the charges at issue (punctuation omitted)
• concluding defendant’s previous conviction for possession of cocaine with intent to distribute was admissible to show intent in trial for the same offense
• concluding, in prosecution for possession of cocaine with intent to distribute and sale of cocaine, that evidence of prior conviction for possession of cocaine with intent to distribute was relevant to prove intent
• finding that 13 State satisfied first prong of the three-part test, even though it only introduced the prior accusation and conviction without offering testimony or a factual proffer where intent required for prior and current offenses was identical
• “As to intent, a defendant puts his intent in issue when he pleads not guilty unless he takes affirmative steps to withdraw intent as an element to be proved by the State.” (citation and punctuation omitted)
• where defendant framed his defense in terms of lack of possession and equal access of others to the drugs, defendant “did not relieve the State of the burden of proving intent merely by focusing his defense on the possession aspect of the crime”

Source: CourtListener parenthetical corpus (CC0).