Search Rutgers Law Library N.J. Court Opinions

31 STATE OF NEW JERSEY v. WILLIAM J. THOMAS -- rank: 648

... to be waived to adult court from 14 to 15,' N.J.S.A. 2A:4A- 26.1(c)(1), and 'eliminated life-without-parole sentences for juveniles ... PCR, based on his argument that the revised waiver statute, N.J.S.A. 2A:4A-26.1(c), applied retroactively to his case. We rejected that argument ...

docket:	a4368-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Published
citation:
Document Size:	87891

32 /usr/local/share/www/libweb/collections/courts/appellate/a1553-19.opn.html -- rank: 646

... 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 application ... 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 assistant ... 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 'written ... 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 5 ... 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 will ... 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 offense ...

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33 /usr/local/share/www/libweb/collections/courts/appellate/a5487-17.opn.html -- rank: 636

... 4 moved to waive defendant to adult court pursuant to N.J.S.A. 2A:4A-26.1. The State provided a detailed statement of reasons in support ... its motion, including consideration of the eleven factors enumerated in N.J.S.A. 2A:4A-26.1. Defendant submitted a biopsychosocial assessment performed by Cecilia Alfonso, a ... M., 412 N.J. Super. 225, 231 (App. Div. 2010). N.J.S.A. 2A:4A-26.1(c)(1) vests the State with discretion to seek a ... homicide and possession of a firearm for an unlawful purpose. N.J.S.A. 2A:4A-26.1(c)(1), (2)(a), (2)(j). We affirm the Family ... defendant as suffering from any thought or mood disorders. See N.J.S.A. 2A:4A- 26.1(c)(3)(j). It did not recommend evaluation by a ... low I.Q. or was classified for special education. See N.J.S.A. 2A:4A-26.1(c)(3)(e). Most A-5487-17T4 19 importantly, ...

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34 STATE OF NEW JERSEY v. ANTHONY SCUDIERI -- rank: 636

... S.A. 2A:4A-26(a) (repealed and replaced by N.J.S.A. 2A:4A-26.1 (eff. March 1, 2016)). J.V., 242 N.J. at ... J.V. pled guilty, the Legislature amended the waiver statute, N.J.S.A. 2A:4A-26.1. The new law added several factors for prosecutors to consider ...

docket:	a0352-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-01
status:	Published
citation:
Document Size:	48459

35 STATE OF NEW JERSEY v. J.V -- rank: 629

... 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. 2015 ... 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 standards ... may develop' guidelines to ensure uniform application of the law. N.J.S.A. 2A:4A-26.1(c). 4 A-0101-16 police, and followed the juvenile ...

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

36 STATE OF NEW JERSEY v. JAMIL RAGSDALE -- rank: 622

... prior to the 2016 adoption of the current waiver statute, N.J.S.A. 2A:4A-26.1. Defendant argues the waiver was invalid under the statute then ...

docket:	a2206-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-03
status:	Unpublished
citation:
Document Size:	60253

37 STATE OF NEW JERSEY IN THE INTEREST OF M.P. -- rank: 617

... s jurisdiction to pursue prosecution in the Criminal Division. See N.J.S.A. 2A:4A-26.1(c)(2)(g) (permitting waiver for second-degree aggravated assaults ...

docket:	a0303-16
court:	NJ Superior Court Appellate Division
decided:	2017-06-19
status:	published
citation:	450 N.J.Super. 539 163 A.3d 952
Document Size:	43305

38 STATE OF NEW JERSEY v. HABEEB ROBINSON -- rank: 615

... those the court may consider at a detention hearing. Compare N.J.S.A. 2A:4A-26.1(c)(2) and (3), with N.J.S.A. 2A ...

docket:	a1891-16
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	published
citation:	448 N.J.Super. 501 154 A.3d 187
Document Size:	62243

39 STATE OF NEW JERSEY IN THE INTEREST OF N.C. -- rank: 610

... and would were the juvenile waived to adult court, see N.J.S.A. 2A:4A-26.1(f)(1) and R. 5:22-4(a), or otherwise ...

docket:	a1713-17
court:	NJ Superior Court Appellate Division
decided:	2018-03-05
status:	published
citation:	453 N.J.Super. 449 182 A.3d 419
Document Size:	68477

40 STATE OF NEW JERSEY v. P.C -- rank: 603

... the prosecutor. N.H., 226 N.J. at 249 (citing N.J.S.A. 2A:4A-26.1(c)(3)). The prosecutor's waiver motion must be accompanied ... used to assess the eleven statutory factors set forth in N.J.S.A. 2A:4A-26.1(c)(3), together with an explanation of how those factors ... to the prosecution by the juvenile or by the court.' N.J.S.A. 2A:4A-26.1(c)(3). Although Dr. Cooke's report was not prepared ... and (j) and would tend to weigh against waiver. See N.J.S.A. 2A:4A-26.1(c)(3). In failing to provide this evidence, Paul's ...

docket:	a0134-19
court:	NJ Superior Court Appellate Division
decided:	2023-06-15
status:	Unpublished
citation:
Document Size:	54711

41 STATE OF NEW JERSEY IN THE INTEREST OF E.R.M. -- rank: 600

... of reasons for referral addressed each and every element of N.J.S.A. 2A:4A-26.1(c)(3) individually and at length, including the description of ... evidence.' In the judge's view, the amended waiver statute, N.J.S.A. 2A:4A-26.1, effective March 1, 2016, was 'sufficiently ambiguous as to the ... a motion for referral and a written statement of reasons. N.J.S.A. 2A:4A-26.1(a). A juvenile cannot be waived into the Law Division ... crime was committed, including aggravated sexual assault and sexual assault. N.J.S.A. 2A:4A-26.1(c)(1), (2); see State in Interest of N.H ... 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 will ...

docket:	a0533-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-17
status:	Unpublished
citation:
Document Size:	25705

42 /usr/local/share/www/libweb/collections/courts/appellate/a4587-17.opn.html -- rank: 598

... years old when he committed his crimes. He argues that N.J.S.A. 2A:4A-26.1(c)(1) (the revised waiver statute), which increased the minimum ... following points for our consideration. POINT I THE 2015 STATUTE, N.J.S.A. 2A:4A-26.1(c)(1), WHICH CHANGED THE AGE TO 15-PLUS FOR ...

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43 STATE OF NEW JERSEY IN THE INTEREST OF M.P. -- rank: 589

... involuntary transfer of minors from juvenile to adult court, see N.J.S.A. 2A:4A-26.1 (2016), and the sentencing of juvenile offenders who ultimately are ...

docket:	a1229-22
court:	NJ Superior Court Appellate Division
decided:	2023-07-12
status:	Published
citation:
Document Size:	123804

44 STATE OF NEW JERSEY v. KENNETH HOUSEKNECHT -- rank: 560

... the prosecutor’s office from fourteen to fifteen years old. N.J.S.A. 2A:4A- 26.1(c)(1). A-1765-18T4 2 The Legislature declared that ... to resentencing as a juvenile in the Family Part because N.J.S.A. 2A:4A-26.1(c)(1) should retroactively apply to his case. Defendant was ... in this appeal. The Court in J.V. held that N.J.S.A. 2A:4A-26.1 does not retroactively apply to cases where the juvenile was ...

docket:	a1765-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-21
status:	Unpublished
citation:
Document Size:	8515

45 STATE OF NEW JERSEY IN THE INTEREST OF A.R. -- rank: 555

... 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. I ...

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