Search Rutgers Law Library N.J. Court Opinions

31 /usr/local/share/www/libweb/collections/courts/appellate/a2694-18.opn.html -- rank: 674

... The State moved for involuntary waiver of jurisdiction pursuant to N.J.S.A. 2A:4A-26 and Rule 5:22-2. The court granted the motion ... defendant committed criminal homicide, one of the enumerated offenses under N.J.S.A. 2A:4A-26.1(c)(2), and more specifically, murder as defined by ... only enumerated delinquent acts are tried in adult court, see N.J.S.A. 2A:4A-26.1(c)(2), and has recently been revised to require ... age for eligibility for waiver from fourteen to fifteen, see N.J.S.A. 2A:4A-26.1(c)(1), A-2694-18 25 and required any ... 464 N.J. Super. 507, 516 (App. Div. 2020) (quoting N.J.S.A. 2A:4A-26.1(a)). This statement of reasons must ''clearly set[] forth ... those facts supports waiver for each particular juvenile.'' Ibid. (quoting N.J.S.A. 2A:4A-26.1(a) (emphasis in original)). Those eligibility factors include ...

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court:	New Jersey Superior Court Appellate Division
decided:
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32 STATE OF NEW JERSEY v. JAMAAL CAMPBELL -- rank: 664

... Family Part and prosecute defendant as an adult pursuant to N.J.S.A. 2A:4A-26(a), 1 he was charged with both offenses in counts ... 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 ... Chart 1" offenses, and include unlawful possession of a weapon, N.J.S.A. 2A:4A-26(a)(2)(a), possession of a weapon for an unlawful purpose, 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 ... To ensure uniform application of the waiver statute, pursuant to N.J.S.A. 2A:4A-26(f), the Attorney General has promulgated guidelines that prosecutors ...

docket:	a4398-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-13
status:	unpublished
citation:
Document Size:	36246

33 STATE OF NEW JERSEY v. J.V -- rank: 656

... new statute concerning a juvenile's waiver to adult court, N.J.S.A. 2A:4A-26.1(c)(3), which was enacted in 2015, see L ... at 14). We remanded for the trial court to consider N.J.S.A. 2A:4A:26.1(c)(3)(e) and (j), the new statute's ... defendant's arguments originally raised under the former waiver statute, N.J.S.A. 2A:4A-26.' State v. J.V. (J.V. IV), 244 N.J ... I(B) of defendant's initial appellate brief: EVEN UNDER N.J.S.A. 2A:4A-26, THE OLDER WAIVER STATUTE, THE PROSECUTOR ABUSED HER DISCRETION BY ... upon the prosecutor's motion. See 3 A-0101- 16 N.J.S.A. 2A:4A-26(a). Defendant does not dispute the fact that he was ... pursuant to L. 1999, c. 373, § 1 (codified at N.J.S.A. 2A:4A-26(f), then repealed by L. 2015, c. 89, § ...

docket:	a0101-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	21695

34 STATE OF NEW JERSEY IN THE INTEREST OF G.M.C -- rank: 653

... Office sought waiver of the juvenile to adult court. See N.J.S.A. 2A:4A-26.1. After reviewing additional information provided by G.M.C ... Division. The assistant prosecutor reviewed the eleven statutory factors under N.J.S.A. 2A:4A-26.1(c)(3) and concluded that waiver was appropriate. Regarding ... a motion for referral and a written statement of reasons. N.J.S.A. 2A:4A-26.1(a). Charges cannot be transferred to the Law Division ... crime was committed, including aggravated sexual assault and sexual assault. N.J.S.A. 2A:4A-26.1(c); see State in re N.H., 226 N ... discretion' in considering the eleven factors listed in the statute. N.J.S.A. 2A:4A-26.1(c)(3); R. 5:22-2. The prosecutor will ... for seeking waiver. Id. at 28. The current waiver statute, N.J.S.A. 2A:4A-26.1 was amended March 1, 2016. See N.H., ...

docket:	a0223-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-14
status:	Unpublished
citation:
Document Size:	26074

35 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. J.Y.D -- rank: 643

... the State met its burden to waive jurisdiction, pursuant to N.J.S.A. 2A:4A-26(a)(1) and (2). The court also found there was ... could be rehabilitated in accordance with the time requirements of N.J.S.A. 2A:4A-26, but that ultimately his prospects for rehabilitation did not outweigh ... Super. at 52. At the time of defendant's crime, N.J.S.A. 2A:4A-26 controlled juvenile waivers.3 See State in Interest of N ... of the second degree, kidnapping, aggravated arson, or gang criminality . . . . [N.J.S.A. 2A:4A-26.] If the court finds both elements are met, then it ... further analysis: 3 This statute was repealed and replaced by N.J.S.A. 2A:4A-26.1, effective on March 1, 2016. 11 A-3221-14T4 ... outweighs the reasons for waiver, waiver shall not be granted. . . . [N.J.S.A. 2A:4A-26(e).] When a defendant demonstrates the potential for rehabilitation ...

docket:	a3221-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-09
status:	unpublished
citation:
Document Size:	80097

36 STATE OF NEW JERSEY IN THE INTEREST OF T.H. -- rank: 635

... 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:	a1408-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-22
status:	published
citation:
Document Size:	50229

37 STATE OF NEW JERSEY IN THE INTEREST OF V.A. -- rank: 635

... 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:	a1409-10
court:	New Jersey Superior Court Appellate Division
decided:	2011-06-22
status:	published
citation:
Document Size:	49474

38 STATE OF NEW JERSEY IN THE INTEREST OF C.T. -- rank: 635

... 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:	a1410-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-22
status:	published
citation:
Document Size:	50229

39 STATE OF NEW JERSEY v. MAURICE BRACK -- rank: 630

... August 18, 2006, and that the new juvenile waiver statute, N.J.S.A. 2A:4A-26.1(c)(1), enacted on March 1, 2016, should apply ... 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 BE ... OLD AT THE TIME OF THE OFFENSE IN QUESTION. A. N.J.S.A. 2A:4A-26.1(c)(1) APPLIES RETROACTIVELY TO THE PRESENT CASE PURSUANT ... FUNDAMENTAL FAIRNESS AND MANIFEST INJUSTICE REQUIRE A RETROACTIVE APPLICATION OF N.J.S.A. 2A:4A-26.1(c)(1) TO THE PRESENT CASE. POINT II: THE ... Defendant argues the PCR judge erred in failing to apply N.J.S.A. 2A:4A- 26.1(c)(1) retroactively pursuant to J.F., and consequently ... older at the time of the delinquent act.'' Ibid. (citing N.J.S.A. 2A:4A-26.1(c)(1)). We concluded the revised statute applied ...

docket:	a4224-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	27929

40 STATE OF NEW JERSEY IN THE INTEREST OF A.R. -- rank: 617

... waive A.R., a juvenile, to adult court pursuant to N.J.S.A. 2A:4A-26. 1 For the reasons that follow, we reverse and remand ... of juveniles to adult court on serious criminal charges. See N.J.S.A. 2A:4A-26. If a juvenile over the age of fourteen is charged ... ensure the uniform application of this section throughout the State. [ N.J.S.A. 2A:4A-26.] Pursuant to N.J.S.A. 2A:4A-26f, on ... sixteen and older juveniles charged with an enumerated offense. See N.J.S.A. 2A:4A-26. Therefore, a reviewing court must have before it a statement ...

docket:	a3747-12
court:	NJ Superior Court Appellate Division
decided:	2013-07-31
status:	unpublished
citation:
Document Size:	37442

41 In the Matter of Registrant J.G. -- rank: 604

... a case to adult court without the juvenile's consent. N.J.S.A. 2A:4A-26. The Act broadened the class of offenders eligible for waiver ... previously have adverted to the waiver provision set forth in N.J.S.A. 2A:4A-26 pursuant to which the Family Part on the prosecutor's ...

docket:	a-18-00
court:	njsupreme
decided:	2001-07-17
status:
citation:	169 N.J. 304
Document Size:	81429

42 STATE OF NEW JERSEY v. M.H. -- rank: 599

... Family Part, to the Law Division, Criminal Part, pursuant to N.J.S.A. 2A:4A-26.1 and Rule 5:22-1. On July 1, defendant ... motion, the prosecutor addressed each of the statutory factors under N.J.S.A. 2A:4A- 26.1(c)(3)(a)-(k). The prosecutor determined the following ... instability of the juvenile. After weighing the statutory factors under N.J.S.A. 2A:4A-26.1(c)(3), the judge, agreeing with the State's ... did not abuse [his] discretion in considering the factors under N.J.S.A. 2A:4A-26.1(c)(3) and therefore grants the motion to waive ... N.J. Super. 507, 519-20 (App. Div. 2020) (quoting N.J.S.A. 2A:4A-26.1(c)(3)). Family Part judges may not substitute their ... juvenile.'' Z.S., 464 N.J. Super. at 533 (quoting N.J.S.A. 2A:4A-26.1(a)). Importantly, the prosecutor's written statement of ...

docket:	a1669-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:	Unpublished
citation:
Document Size:	31355

43 STATE OF NEW JERSEY IN THE INTEREST OF T.Z. -- rank: 599

... Family Part, to the Law Division, Criminal Part, pursuant to N.J.S.A. 2A:4A-26. In accordance with the statutory guidelines, discussed infra , the State ... and the application of the seven codified waiver factors. See N.J.S.A. 2A:4A-26(a), (f). Once probable cause was established, the local considerations ... clearly established. The involuntary waiver process is guided by statute. N.J.S.A. 2A:4A-26(a) provides that upon motion by the prosecution, "the court ... delinquent act," such as, in this instance, first-degree robbery. N.J.S.A. 2A:4A-26(e) states that waiver will not be granted in cases ... robbery which would constitute a crime of the first degree." N.J.S.A. 2A:4A-26(a)(2)(a). Thus, the State in this case needed ... the uniform application" of the waiver statute in accordance with N.J.S.A. 2A:4A-26(f). Pursuant to these Guidelines, the "prosecutor making the ...

docket:	a3248-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-13
status:	unpublished
citation:
Document Size:	44436

44 /usr/local/share/www/libweb/collections/courts/appellate/a1553-19.opn.html -- rank: 599

... Law Division and try A.D. as an adult under N.J.S.A. 2A:4A-26.1 and Rule 5:22-2. The State supported its ... eleven-page statement of reasons addressing the statutory factors under N.J.S.A. 2A:4A-26.1(c)(3). Following its analysis of each factor, the ... adult court, without consent, by filing a motion for referral. N.J.S.A. 2A:4A-26.1(a). The statute requires the State to provide a ... forth the facts used in assessing all factors contained in [N.J.S.A. 2A:4A-26.1(c)(3)], together with an explanation A-1553-19T4 ... discretion in considering' the eleven factors enumerated in the statute. N.J.S.A. 2A:4A-26.1(c)(3); R. 5:22-2(c). The prosecutor ... the court found the State satisfied its burden under factors N.J.S.A. 2A:4A-26.1(c)(3)(a) (nature and circumstances of the ...

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45 A-0STATE OF NEW JERSEY v. SHAHID BASKERVILLE May 19 2015 -- rank: 594

... probable cause to charge the defendant as an adult. 1 N.J.S.A. 2A:4A-26(a)(2). Before the rehabilitation portion of the waiver hearing ... presenting any witnesses. Before the rehabilitation phase of the hearing, N.J.S.A. 2A:4A-26(e); R. 5:22-2, commenced, the judge addressed counsel ... abuse of discretion for the prosecutor to seek the waiver. N.J.S.A. 2A:4A-26 provides in pertinent part: a. On motion of the prosecutor ... the age of 19 substantially outweighs the reasons for waiver." N.J.S.A. 2A:4A-26(e). The juvenile bears the burden of proof as to ...

docket:	a2695-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-22
status:	unpublished
citation:
Document Size:	57090