Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. WAYNE J. MORUZIN -- rank: 731

... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4-4(a). A person is considered mentally competent to stand trial ... on criminal charges if the proofs satisfy the requirements of N.J.S.A. 2C:4-4(b). See State v. Gorthy, 226 N.J. 516, 531 ... the proceedings at the current trial, not prior proceedings. See N.J.S.A. 2C:4- 4(b)(1); see also Gorthy, 226 N.J. at 538 ...

docket:	a0727-19
court:	NJ Superior Court Appellate Division
decided:	2022-12-22
status:	Unpublished
citation:
Document Size:	77703

17 STATE OF NEW JERSEY v. ROSARIO MIRAGLIA, JR -- rank: 708

... appreciate his presence in relation to time, place and things." N.J.S.A. 2C:4-4(b)(1). And second, the record must establish that the ... ability to participate in an adequate presentation of his defense. [ N.J.S.A. 2C:4-4(b)(2)] "Once the issue is raised, the State bears ... agreed that defendant met all of the competency requirements under N.J.S.A. 2C:4-4(b), except for N.J.S.A. 2C:4-4(b)(2)(g), which dealt with whether defendant had the ... illness" and "suffer[s] from delusions," but he found that N.J.S.A. 2C:4-4 does not, as a result of those facts, compel a ... competent to stand trial by applying the standards contained in N.J.S.A. 2C:4-4. That is, the judge's findings in this regard ...

docket:	a0407-09
court:	NJ Superior Court Appellate Division
decided:	2013-03-18
status:	unpublished
citation:
Document Size:	104458

18 STATE OF NEW JERSEY v. LLOYD G. EDMISTEN -- rank: 697

... disclose to his lawyers facts pertinent to the proceedings. See N.J.S.A. 2C:4-4; State v. Purnell , 394 N.J. Super. 28 , 47-48 ...

docket:	a5119-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	54300

19 STATE OF NEW JERSEY v. WILLIAM PURNELL -- rank: 688

... criteria for competence to stand trial as set forth in N.J.S.A. 2C:4-4. In doing so, Dr. Gooriah reported that defendant was well ... participate in an adequate presentation of his defense, s ee N.J.S.A. 2C:4-4, Dr. Gooriah reported that defendant "refuses to cooperate." Dr. Gooriah ... the proceedings against him and the factors specifically enumerated in N.J.S.A. 2C:4-4. At the commencement of the hearing, the judge read the ... at the competency hearing addressed defendant to inquire about the N.J.S.A. 2C:4-4 factors. He also noted that it would have been preferable ... ability to participate in an adequate presentation of his defense. [ N.J.S.A. 2C:4-4.] When the court determines that a bona fide doubt exists ... are instructed about trial procedures, about his understanding of the N.J.S.A. 2C:4-4 factors. See State v. Moya , 329 N.J. Super. ...

docket:	a5641-04
court:	njappellate
decided:	2007-06-18
status:	published
citation:	394 N.J. Super. 28
Document Size:	101607

20 STATE OF NEW JERSEY, v. J.D., -- rank: 685

... to be tried or convicted while incompetent to stand trial); N.J.S.A. 2C:4-4(a) (recognizing that “no person who lacks capacity to ...

docket:	20-09-75
court:	NJ Superior Court Appellate Division
decided:	2024-01-10
status:
citation:
Document Size:	34080

21 State v. Robert Handy -- rank: 683

... least for as long as he or she remains incompetent. N.J.S.A. 2C:4-4(a). The Code does not distinguish between competence to stand ... least for as long as he or she remains incompetent. N.J.S.A. 2C:4-4(a). The Code further sets forth the proofs needed to establish a lack of competence, N.J.S.A. 2C:4-4(b), as a means to create “clear standards for ...

docket:	A-68-11
court:	NJ Supreme Court
decided:	2013-09-09
status:
citation:	215 N.J. 334 73 A.3d 421
Document Size:	107898

22 STATE OF NEW JERSEY v. ERIC WHITE -- rank: 683

... Paul addressed the factors regarding competency to stand trial in N.J.S.A. 2C:4-4 and also stated that defendant "understood the consequences of entering ...

docket:	a1988-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-18
status:	unpublished
citation:
Document Size:	172967

23 /usr/local/share/www/libweb/collections/courts/appellate/a1771-19.opn.html -- rank: 681

... stating the judge 'carefully followed the procedures set forth in N.J.S.A. 2C:4-4, N.J.S.A. 2C:4-5, and N.J ... noted that Judge Thornton had ordered a competency evaluation under N.J.S.A. 2C:4-4. Moreover, Dr. Terranova's evaluation of defendant 'did not present ...

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24 STATE OF NEW JERSEY v. B.J. -- rank: 678

... appreciate his presence in relation to time, place and things," N.J.S.A. 2C:4-4(b)(1), and understand his presence in a courtroom facing ... them; and his ability to participate in his own defense, N.J.S.A. 2C:4-4(b)(2). See Gorthy , supra , 226 N.J. at 531 ... a bona fide doubt as to defendant's competence under N.J.S.A. 2C:4-4(b)(1) requiring a sua sponte order for a competency ...

docket:	a0624-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-25
status:	unpublished
citation:
Document Size:	50473

25 STATE OF NEW JERSEY v. N.K. -- rank: 662

... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4-4(a). 'The test for competency to stand trial arises from ... on criminal charges if the proofs satisfy the requirements of N.J.S.A. 2C:4-4(b). See State v. Gorthy, 226 N.J. 516, 531 ... address any of the issues a court must consider under N.J.S.A. 2C:4-4 to determine competency, and is untethered to any medical support ... he failed to meet the competency standards set forth in N.J.S.A. 2C:4-4(a).' 2 Id. at 459. The court therefore correctly denied ...

docket:	a5163-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-05
status:	unpublished
citation:
Document Size:	97120

26 /usr/local/share/www/libweb/collections/courts/appellate/a4013-17.opn.html -- rank: 660

... doubt about defendant's competency to proceed to trial under N.J.S.A. 2C:4-4, it was required to order further proceedings on the issue ... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4-4(a). A person is considered mentally competent to stand trial ... on criminal charges if the proofs satisfy the requirements of N.J.S.A. 2C:4-4(b). See State v. Gorthy, 226 N.J. 516, 531 ... competence to stand trial on criminal charges [is] [ ] codified in N.J.S.A. 2C:4- 4.' M.J.K., 369 N.J. Super. at 547-48 ...

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27 STATE OF NEW JERSEY v. LYNN GIOVANNI -- rank: 651

... J. 334 , 362 (2013)). Although her competence to plead under N.J.S.A. 2C:4-4 is not questioned, her mental illness may still be considered ...

docket:	a1877-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	68582

28 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 649

... competency to stand trial in New Jersey is codified in N.J.S.A. 2C:4-4(a), which provides: 'No person who lacks capacity to understand ... same; and his ability to participate in his own defense. N.J.S.A. 2C:4-4(b). Our review of a trial court's competency determination ... competent to stand trial by applying the standards contained in N.J.S.A. 2C:4-4. The judge's findings in this regard are based on ...

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

29 STATE OF NEW JERSEY v. RICHARD R. LEONCINI -- rank: 646

... has codified the common law standards for mental competence in N.J.S.A. 2C:4-4. The statute prohibits a person "who lacks capacity to understand ... commission of an offense so long as such incapacity endures." N.J.S.A. 2C:4-4(a). The statute further requires the defendant to be the "mentally competent to stand trial on criminal charges." N.J.S.A. 2C:4-4(b)(1). To determine whether a defendant has the requisite ... ability to participate in an adequate presentation of his defense. [ N.J.S.A. 2C:4-4(b)(2)(a)-(g)]. Last year, our Supreme Court canvassed ... to question the defendant's understanding of the factors in N.J.S.A. 2C:4-4, or ordered further review of his past medical and school ...

docket:	a5526-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	published
citation:
Document Size:	74306

30 STATE OF NEW JERSEY v. PETER G. REPOLI, JR. -- rank: 644

... appreciate his presence in relation to time, place and things," N.J.S.A. 2C:4-4(b)(1), and understand his presence in a courtroom facing ... them; and his ability to participate in his own defense. N.J.S.A. 2C:4-4(b)(2). 8 We conclude that defendant failed to raise ... ability to participate in an adequate presentation of his defense. [ N.J.S.A. 2C:4-4(b)(2).] 9 In support of his contention that there ...

docket:	a0168-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-11
status:	unpublished
citation:
Document Size:	76186