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16 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 722

... 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.P ... 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 years ... are enumerated offenses under the both the current waiver statute, N.J.S.A. 2A:4A- 26.1(c)(1)(2) (a), (c), and (g), and the prior ... 262. 1 This matter is on direct appeal. Defendant argues N.J.S.A. 2A:4A-26.1 should be given pipeline retroactivity and applied on remand. We ... Family Part judge shall consider the factors set forth in N.J.S.A. 2A:4A-26.1(c)(3). The prosecutor shall be afforded a reasonable period ... Family Part to conduct a new waiver hearing pursuant to N.J.S.A. 2A:4A-26.1, but affirm the finding that probable cause existed for ...

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status:	Unpublished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

17 /usr/local/share/www/libweb/collections/courts/appellate/a4848-14.opn.html -- rank: 722

... S.A. 2A:4A-26 was repealed and replaced by N.J.S.A. 2A:4A-26.1, which went into effect on March 1, 2016. L. 2015 ...

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

18 STATE OF NEW JERSEY v. MADA T. EOFF -- rank: 717

... 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 a ... 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-0514-18 ... 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 ... 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.J ... 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 motion be ... evaluation of those facts supports waiver for each particular juvenile.' N.J.S.A. 2A:4A-26.1(a); see also State in re Z.S., 464 ...

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status:	Unpublished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

19 STATE OF NEW JERSEY v. N.M -- rank: 714

... 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 seeking ... 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 seek ... 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 a ... 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, the ... 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 assessment ... 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 decision ...

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status:	Unpublished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

20 State v. Samuel Ryan -- rank: 714

... for waiver to fifteen years old, among other changes. See N.J.S.A. 2A:4A-26.1. 2 and prosecuted jointly for both crimes -- the first strike ... to fifteen, L. 2015, c. 89, § 1 (codified at N.J.S.A. 2A:4A-26.1(c)(1)), and heightened the role of courts in reviewing ... adult court, L. 2015, c. 89, § 1 (codified at N.J.S.A. 2A:4A- 26.1(c)(2)). The sponsors’ statements attached to the bills, which ...

docket:	a-65-20
court:	NJ Supreme Court
decided:	2022-02-07
status:
citation:
Document Size:	80501

21 STATE OF NEW JERSEY IN THE INTEREST OF I.S. -- rank: 698

... identified in the statute authorizing waivers to adult court. See N.J.S.A. 2A:4A-26.1(c)(3). The State concluded that factors one, two, three ... the alleged murder, satisfying the statutory age for waiver. See N.J.S.A. 2A:4A-26.1(c)(1). The judge also found probable cause that I ... by an adult, would constitute murder, a crime listed in N.J.S.A. 2A:4A-26.1(c)(2). In analyzing the State's evaluation of the eleven factors set forth in N.J.S.A. 2A:4A-26.1(c)(3), the judge focused on the tenth factor (subsection ... to be tried as an adult is governed by statute, N.J.S.A. 2A:4A-26.1, and guided by caselaw, see N.H., 226 N.J ... 8 offenses listed in the statute, which includes criminal homicide. N.J.S.A. 2A:4A-26.1(c)(1) and (2). A. The Prosecutor's Discretion. ...

docket:	a3922-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-21
status:	Unpublished
citation:
Document Size:	28839

22 /usr/local/share/www/libweb/collections/courts/appellate/a2694-18.opn.html -- rank: 695

... 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 N ... 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 even ... 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 'wavier ... 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 the ... 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 the nature ... of criminal sophistication, prior history of delinquency, among others. See N.J.S.A. 2A:4A-26.1(c)(3). Recent developments in New Jersey sentencing law ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	127754

23 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: 691

... 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 If ...

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

24 STATE OF NEW JERSEY v. MAURICE BRACK -- rank: 684

... 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 to ... 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 WAIVED ... 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 TO ... 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 TRIAL ... 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, his ... 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 to ...

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

25 STATE OF NEW JERSEY v. SHATARA S. CARTER -- rank: 681

... 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 fifteen ... 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.A ... 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 fifteen ... 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 case. ...

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

26 STATE IN THE INTEREST OF E.S. -- rank: 679

... 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 moves ... 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 the ... 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 the ... 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 or ... 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. A ...

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

27 STATE OF NEW JERSEY IN THE INTEREST OF A.G -- rank: 679

... 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 court ... 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), (c ... 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), 'the ... 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 to ... 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 to ... 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 should ...

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

28 STATE OF NEW JERSEY IN THE INTEREST OF G.M.C -- rank: 660

... 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., the ... 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 the ... 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 unless ... 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.J ... 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 ordinarily ... 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., 226 ...

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

29 STATE OF NEW JERSEY v. M.H. -- rank: 650

... 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 opposed ... 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 factors ... 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 assessment ... 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 jurisdiction ... 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 judgment ... 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 reasons ...

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

30 STATE OF NEW JERSEY v. JAMAAL CAMPBELL -- rank: 648

... 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. L. 2015 ...

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