Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY IN THE INTEREST OF I.C -- rank: 736

... the Law Division for trial as an adult pursuant to N.J.S.A. 2A:4A-26.1. We vacate the order and remand for further proceedings ... A. 2C:20-7. The State thereafter moved pursuant to N.J.S.A. 2A:4A-26.1 to waive the first-degree carjacking count and two ... of aggravated assault were the subjects of its waiver application. N.J.S.A. 2A:4A-26.1(c)(2)(n) allows for waiver charges of conspiracy ... Juvenile Waiver Guidelines (March 14, 2000) (Guidelines) adopted pursuant to N.J.S.A. 2A:4A-26(f) (repealed by L. 2015, c. 89, § 6, eff ... 2021 submission addressed each of the factors set forth in N.J.S.A. 2A:4A-26.1(c)(3)(a) to (k). We focus only on ... crimes, including two crimes charged here, carjacking and aggravated assault. N.J.S.A. 2A:4A- 26.1(c)(1) and (2)(d) and (g). A ...

docket:	a2080-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-06
status:	Unpublished
citation:
Document Size:	36622

17 STATE OF NEW JERSEY v. CALVIN BASS -- rank: 733

... petition for post-conviction relief (PCR). We affirm, and hold N.J.S.A. 2A:4A-26.1(c)(1), which does not authorize the waiver to ... granted the State's motion to waive jurisdiction pursuant to N.J.S.A. 2A:4A-26. Subsequently, a jury convicted defendant of first-degree felony murder ... 2017. In his petition, defendant argued the revised waiver statute, N.J.S.A. 2A:4A-26.1(c)(1), enacted in 2015, should be applied retroactively ... petition without an evidentiary hearing. Reviewing the plain language of N.J.S.A. 2A:4A-26.1(c)(1), the PCR judge found no express language ... majority in [J.F.] makes a compelling argument for why N.J.S.A. 2A:4A-26.1 should apply retroactively in that particular case, its instruction ... DENYING THE DEFENDANT'S PETITION FOR POST- CONVICTION RELIEF SINCE N.J.S.A. 2A:4A- 26.1(c)(1), WHICH PROVIDES THAT A JUVENILE CANNOT ...

docket:	a0407-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-14
status:	Published
citation:	457 N.J.Super. 1 197 A.3d 192
Document Size:	33094

18 State in the Interest of E.S. -- rank: 731

... Two weeks later, the State filed a motion pursuant to N.J.S.A. 2A:4A-26.1 to waive juvenile court jurisdiction and to transfer the ... 1. The Court reviews in detail the waiver process under N.J.S.A. 2A:4A-26.1 and notes that there are fundamental distinctions between juvenile ... delinquent act of possessing a firearm under circumstances that satisfied N.J.S.A. 2A:4A-26.1(c)(2)(j). Probable cause is not a high ... Two weeks later, the State filed a motion pursuant to N.J.S.A. 2A:4A-26.1 to waive juvenile court jurisdiction and to transfer the ... of discretion. The waiver statute provides for reverse waiver, see N.J.S.A. 2A:4A-26.1(f), and the Appellate Division’s opinion in this ... certain serious offenses” through the waiver process set forth in N.J.S.A. 2A:4A-26.1. See State in Int. of N.H., 226 ...

docket:	a-41-42-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-22
status:
citation:
Document Size:	45505

19 State v. James Comer -- rank: 731

... to 15. L. 2015, c. 89, §1 (codified at N.J.S.A. 2A:4A-26.1(c)(1)). The Legislature also eliminated life-without-parole ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

20 STATE IN THE INTEREST OF E.S. -- rank: 731

... the State wishes to waive to adult court pursuant to N.J.S.A. 2A:4A-26.1. The question arises in a context where the juvenile ... waive E.S. to the adult Criminal Part pursuant to N.J.S.A. 2A:4A-26.1. Initially, the Family Part judge scheduled a hearing on ... probable cause that the juvenile committed an enumerated offense under N.J.S.A. 2A:4A-26.1. The judge reasoned that this probable cause hearing serves ... test for waiving a juvenile offender to adult court under N.J.S.A. 2A:4A- -26.1. Probable cause signifies there 'is 'a well-grounded suspicion ... purpose to use it unlawfully against the person of another, N.J.S.A. 2A:4A-26.1(c)(2)(j)―waiver is presumptively appropriate unless other factors set forth in N.J.S.A. 2A:4A-26.1(c)(3)(a) through (k) weigh against it. ...

docket:	a3559-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-13
status:	Published
citation:
Document Size:	35717

21 STATE OF NEW JERSEY v. N.M -- rank: 728

... considered all the statutory factors outlined in the waiver statute, N.J.S.A. 2A:4A-26.1(c)(3), and had not abused her discretion in ... offenses listed in the waiver statute, which includes criminal homicide. N.J.S.A. 2A:4A-26.1(c)(1) and (2). The decision on whether to ... of N.H., 226 N.J. 242, 249 (2016) (citing N.J.S.A. 2A:4A-26.1(c)(3)). In seeking waiver, the prosecutor must submit ... together with an explanation of how those factors support waiver. N.J.S.A. 2A:4A-26.1(a); N.H., 226 N.J. at 250. Specifically ... victim, the input of the victim or victim's family. [N.J.S.A. 2A:4A-26.1(c)(3).] The sufficiency of the prosecutor's written ... deferential standard. N.H., 226 N.J. at 251 (citing N.J.S.A. 2A:4A-26.1(c)(3)). The Family Part must 'uphold the ...

docket:	a3979-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-26
status:	Unpublished
citation:
Document Size:	39634

22 STATE OF NEW JERSEY IN THE INTEREST OF A.G -- rank: 718

... forty-eight hours, and failed to establish 'good cause,' under N.J.S.A. 2A:4A-26.1, warranting an extension. We reverse and remand for the ... waiver to adult court arguing A.G.'s actions satisfied N.J.S.A. 2A:4A-26.1(c)(3)(a)-(k), and particularly factors (a), (b ... filed two days after the statutory sixty-day period. See N.J.S.A. 2A:4A-26.1(a). The State gave significant weight to factor (a ... deceitful, intentional, or meant to circumvent the deadlines established in N.J.S.A. 2A:4A-26.1 or Rule 5:22-2a. Nor was it meant ... statutory interpretation, the judge explained that the deadline stated in N.J.S.A 2A:4A- 26.1 is 'mandatory.' He further reasoned that the State failed ... motion judges, that it satisfied the good cause standard under N.J.S.A. 2A:4A-26.1 and its motion to extend the waiver deadline ...

docket:	a2549-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-22
status:	Unpublished
citation:
Document Size:	27630

23 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 713

... moved to waive jurisdiction to the Law Division pursuant to N.J.S.A. 2A:4A-26. In its application, the State recounted the facts and investigation ... A NEW WAIVER HEARING PURSUANT TO THE NEW WAIVER STATUTE, N.J.S.A. 2A:4A-26.1. POINT II THE MOTION COURT ERRED IN FINDING J ... effect at the time of the waiver hearing in 2011, N.J.S.A. 2A:4A-26, did not require consideration of the factors imposed by the successor statute, N.J.S.A. 2A:4A-26.1(c)(3), which went into effect more than four ... if committed by an adult would constitute certain enumerated offenses. N.J.S.A. 2A:4A-26. 'Simply stated, when a sixteen-year old or above is ... was required by statute to establish guidelines for seeking waiver. N.J.S.A. 2A:4A-26(f). The Legislature required the Attorney General to issue ...

docket:	a3942-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-26
status:	Unpublished
citation:
Document Size:	45318

24 STATE OF NEW JERSEY v. SHATARA S. CARTER -- rank: 700

... 4. Lastly, we need not address the retroactive application of N.J.S.A. 2A:4A-26.1, prohibiting involuntary waivers of minors under the age of ... 55 (App. Div. 2016), is misplaced. J.F. held that N.J.S.A. 2A:4A-26.1(c)(1) would be applied retroactively in that case. However, when the Legislature enacted N.J.S.A. 2A:4A-26.1, it left untouched the provisions of N.J.S ... entitled to a retroactive application of the amended waiver statute, N.J.S.A. 2A:4A-26.1. We stated: Lastly, we need not address the retroactive application of N.J.S.A. 2A:4A-26.1, prohibiting involuntary waivers of minors under the age of ... reliance on [J.F.] is misplaced. J.F. held that N.J.S.A. 2A:4A-26.1(c)(1) would be applied retroactively in that ...

docket:	a3248-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-26
status:	Unpublished
citation:
Document Size:	28351

25 STATE OF NEW JERSEY v. DUVALL RICKS -- rank: 695

... criminal court, concluding that the State demonstrated probable cause under N.J.S.A. 2A:4A-26(a)(2). After reviewing the arguments advanced on appeal, in ... jurisdiction over offenses committed by juveniles to the Family Part. N.J.S.A. 2A:4A-26(a) vests the prosecutor with discretion to seek a waiver ... assault, and possession of a weapon for an unlawful purpose. N.J.S.A. 2A:4A-26(a)(2)(a),(i). These offenses are referred to as ... within thirty days of the filing of the juvenile complaint. N.J.S.A. 2A:4A-26(d). The prosecutor's motion in this matter was timely ... court's task in a probable cause waiver hearing under N.J.S.A. 2A:4A-26, is a similar inquiry to the standard governing a grand ... to apply in reviewing prosecutorial decisions to seek waiver under N.J.S.A. 2A:4A-26 is abuse of discretion, not patent and gross abuse ...

docket:	a1502-10
court:	NJ Superior Court Appellate Division
decided:	2013-07-26
status:	unpublished
citation:
Document Size:	33856

26 STATE OF NEW JERSEY v. ERNEST J. READ, III -- rank: 689

... charges to the Law Division under the 2000 amendment to N.J.S.A. 2A:4A-26, L. 1999, c. 373, � 1. This amendment provides for the ... to adult court was "to ensure the uniform application of [ N.J.S.A. 2A:4A-26] throughout the State." N.J.S.A. 2A:4A-26e ... waiver would be appropriate under the criteria set forth in N.J.S.A. 2A:4A-26." A.B. , supra , 214 N.J. Super. at 565. However ... and gross abuse of discretion. II Defendant also argues that N.J.S.A. 2A:4A-26 is unconstitutional because it permits the Family Part to waive ... the juvenile has committed one of the offenses specified in N.J.S.A. 2A:4A-26, the sole consequence of these findings is that jurisdiction over ...

docket:	A1751-03
court:	NJ Superior Court Appellate Division
decided:	2008-01-24
status:	published
citation:	397 N.J.Super. 598 938 A.2d 953
Document Size:	58593

27 STATE OF NEW JERSEY IN THE INTEREST OF V.A. -- rank: 682

... his strong disagreement with the objectives of the waiver statute, N.J.S.A. 2A:4A-26, and voiced his objection to what he perceived to be ... the juvenile committed one of the violent crimes enumerated in N.J.S.A. 2A:4A-26(a)(2), and the juvenile is sixteen years of age ... the age of nineteen "substantially outweighs the reasons for waiver." N.J.S.A. 2A:4A-26(e). In relevant part, the waiver statute provides: a. On ... with committing any of the acts enumerated in subparagraph (a) [.] [ N.J.S.A. 2A:4A-26 (emphasis added).] The County Prosecutor is vested "with the primary ... second-degree aggravated assault, and second-degree conspiracy. Pursuant to N.J.S.A. 2A:4A-26(a), V.A., C.T. and M.R., who were ... was younger than sixteen at the time of the offense. N.J.S.A. 2A:4A-26(e). Thus, the issue on appeal is whether the ...

docket:	a1407-10
court:	New Jersey Superior Court Appellate Division
decided:	2011-06-22
status:	Published
citation:	420 N.J. Super. 302 21 A.3d 619
Document Size:	49472

28 /usr/local/share/www/libweb/collections/courts/appellate/a4848-14.opn.html -- rank: 679

... jurisdiction over offenses committed by juveniles to the Family Part. N.J.S.A. 2A:4A-26(a)2 vests the prosecutor with discretion to seek a ... homicide (other than death by auto) and first-degree robbery, N.J.S.A. 2A:4A-26(a)(2)(a), possession of a weapon with a purpose to use it unlawfully against another, N.J.S.A. 2A:4A-26(a)(2)(i), and offenses committed in 'an aggressive, violent and willful manner.' N.J.S.A. 2A:4A-26(a)(2)(d). We consider the Family Part judge's ... the waiver application in this case was adjudicated long before N.J.S.A. 2A:4A-26 was repealed and replaced by N.J.S.A. 2A:4A-26.1, which went into effect on March 1, 2016. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	67298

29 State of New Jersey v. J.M. -- rank: 679

... during the probable cause portion of a juvenile waiver hearing. N.J.S.A. 2A: 4A-26. ����On November 28, 2001, seventeen-year-old J.M. and ... meaningful opportunity to be heard. Prior to the 2000 amendments, N.J.S.A. 2A: 4A-26(a) accorded a greater opportunity for the juvenile to show ... juvenile who committed an enumerated offense. The 2000 amendments to N.J.S.A. 2A: 4A-26 made clear that with respect to a juvenile sixteen years ... during the probable cause portion of a juvenile waiver hearing. N.J.S.A. 2A:4A-26. The trial court denied the juvenile�s request to testify ... an enumerated offense. Id. at 11. Effective March 14, 2000, N.J.S.A. 2A:4A-26 was amended to make clear that with respect to a ... required without regard to rehabilitation evidence. The current version of N.J.S.A. 2A:4A-26 provides in pertinent part: Referral to another court without ...

docket:	a-79-03
court:	njsupreme
decided:	2005-02-17
status:
citation:	182 N.J. 402
Document Size:	56285

30 STATE OF NEW JERSEY v. MADA T. EOFF -- rank: 674

... the Law Division and prosecute defendant as an adult. See N.J.S.A. 2A:4A-26.1; Rule 5:22-2. The Family Part judge held ... Defendant argues that most of the statutory factors contained in N.J.S.A. 2A:4A- 26.1 weighed in favor of defendant. We disagree. A-0514 ... or older at the time of the alleged delinquent act, N.J.S.A. 2A:4A-26.1(c)(1), (as compared to fourteen years or older under the prior law, N.J.S.A. 2A:4A-26(a)(1)); and (2) that there is probable cause to ... adult, would constitute one of a number of listed offenses, N.J.S.A. 2A:4A-26.1(c)(2). [State in re N.H., 226 N ... than death by auto,' is one of the enumerated offenses. N.J.S.A. 2A:4A-26.1(c)(2)(a). The statute requires the waiver ...

docket:	a0514-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-04
status:	Unpublished
citation:
Document Size:	50816