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State v. Purnell

Citations

  • 735 A.2d 513
  • 161 N.J. 44
  • 1999 N.J. LEXIS 832

How courts have described this case

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

  • recognizing that “a structural error affects the legitimacy of the entire trial, rather than an isolated error that occurs during a certain part of the trial process and does not contaminate the trial as a whole”
  • noting that for retroactivity purposes, “the threshold inquiry [is] whether the rule at issue is a ‘new rule of law’” (alteration in original) (quoting State v. Afanador, 151 N.J. 41, 57 (1997))
  • declaring that the \applicable state and federal retroactivity standards differ.\
  • outlining state and federal tests for determining whether new constitutional rules are to be applied retroactively to collateral attack
  • holding courts should consider \the number of cases that would require dismissal or retrial in the event of retroactive application\ and strive to \avoid overwhelming courts with retrials and the difficulty of retrying cases in which the underlying events took place long in the past\
  • using a Teague analysis for determining the retroactivity of federal constitutional rights

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Hern

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases with this name

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