Kershner v. Komatsu Ltd.

How courts have described this case

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

• holding that, absent an admission or proof of guilt, prior dismissed charges cannot be used to create \an impermissible inference of guilt\
• holding that where charges were dismissed, \[t]he prosecutor and program director may not infer guilt from the sole fact that a defendant was charged\ in considering a Pretrial Intervention Program application
• recognizing courts afford prosecutors \broad discretion\ in determining whether to divert a defendant to PTI
• holding arrests or dismissed charges not resulting in a conviction should not be considered when issuing a sentence
• holding a PTI applicant's \prior dismissed A-4298-17T4 9 charges may not be considered for any purpose\ where the facts related to the arrest are in dispute, or have not been determined after a hearing
• noting \[t]his discretion arises out of 'the fundamental responsibility of prosecutors for deciding whom to prosecute'\

Source: CourtListener parenthetical corpus (CC0).