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State v. Thomas

Citations

  • 767 A.2d 459
  • 166 N.J. 560
  • 767 A.2d 560
  • 2001 N.J. LEXIS 180

How courts have described this case

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

  • recognizing that the Legislature would not generally use a different meaning for the same word in a legislative provision unless a different purpose was intended
  • holding that \NERA would apply to the M.T.S.-type cases under today's ruling\
  • noting that the policy behind a statute should be considered in ascertaining the Legislature's intent
  • NERA issue contested at time of plea; independent proof must be presented in a manner consistent with Johnson, when NERA factor is not element of the offense
  • where the elements of the crime the jury returned a verdict on do not facially contain proof of a NERA predicate, there must be proof of an independent act suppling that predicate
  • “If the statute is clear and unambiguous on its face and admits of only one interpretation, we need delve no deeper than the act’s literal terms to divine the Legislature’s intent.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Coleman, Poritz

Read full opinion on CourtListener

Cited by

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

Cites

20 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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