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Supreme Court of New Jersey· 2/28/2001

State v. Johnson

Citations

  • 766 A.2d 1126
  • 166 N.J. 523
  • 2001 N.J. LEXIS 179

How courts have described this case

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

  • holding that Apprendi creates doubts about the constitutionality of New Jersey’s No Early Release Act, which requires people convicted of violent crimes to serve at least 85% of their overall sentence
  • holding that Apprendi creates doubts about the constitutionality of New Jersey's No Early Release Act, which requires people convicted of violent crimes to serve at least 85% of their overall sentence
  • finding that a jury must determine whether a crime was \violent\ for purposes of required ineligibility term under No Early Release Act, but noting status of law concerning recidivism
  • recognizing doctrine of \`constitutional doubt'\ that commands courts to \`seek to avoid a statutory interpretation that might give rise to serious constitutional questions'\ except when \`compelled to do otherwise'\ (quoting Silverman v. Berkson, 141 N.J. 412, 416, 661 A. 2d 1266 (1995))
  • NERA expressed no burden of proof or fact-finder, and the sentencing factor related to the offense
  • \The power and obligation inherent in this State's constitutional doubt doctrine begins with the assumption that the [L]egislature intended to act in a constitutional manner.\ (internal quotations omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Stein

Read full opinion on CourtListener

Cited by

54 cases in this archive cite this case; the 20 most cited are listed.

Cites

27 cases in this archive are cited by this case; the 20 most cited are listed.

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