Search Rutgers Law Library N.J. Court Opinions

31 /usr/local/share/www/libweb/collections/courts/appellate/a1423-18.opn.html -- rank: 642

... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4- 4(a). N.J.S.A. 2C:4-4(b) codifies the test for competence of a defendant to ... defendant in a colloquy addressing the factors set forth in N.J.S.A. 2C:4-4(b). Although some of defendant's responses appear in the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	80209

32 STATE OF NEW JERSEY v. JONATHAN HAUGHEY MORALES -- rank: 628

... ensure defendant's competency. 226 N.J. 516, 530 (2016). N.J.S.A. 2C:4-4(a) states that '[n]o person who lacks capacity to ... of an offense so long as such incapacity endures.' Under N.J.S.A. 2C:4-4(b), in general, a defendant is competent if proofs establish ... doubt that defendant failed to meet the competency standards in N.J.S.A. 2C:4-4(a). III. Defendant argues that the trial court's refusal ...

docket:	a2935-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-15
status:	Unpublished
citation:
Document Size:	26062

33 STATE OF NEW JERSEY v. SHANE SIMPSON -- rank: 607

... ability to participate in an adequate presentation of his defense." N.J.S.A. 2C:4-4(b)(2)(g). A competency hearing becomes necessary "[w]here ...

docket:	a1697-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-12
status:	unpublished
citation:
Document Size:	44013

34 STATE OF NEW JERSEY v. JEFFREY D. GRIFFIN, JR -- rank: 596

... for determining competency to stand trial is set forth in N.J.S.A. 2C:4-4(b).2 While New Jersey has not yet delineated 2 ... when defendant was evaluated, he was found to be competent. [N.J.S.A. 2C:4-4(b).] A-5722-17 14 Defendant argues that the psychologist ...

docket:	a5722-17
court:	NJ Superior Court Appellate Division
decided:	2021-03-05
status:	Unpublished
citation:
Document Size:	30356

35 STATE OF NEW JERSEY v. SADDIQUIE WILLIAMS -- rank: 591

... are instructed about trial procedures, about his understanding of the N.J.S.A. 2C:4-4 factors."  Purnell , supra , 394 N.J. Super. at 50.  The test for competency to stand trial is codified in N.J.S.A. 2C:4-4(a), which provides: "No person who lacks capacity to understand ... appreciate his presence in relation to time, place and things[.]" N.J.S.A. 2C:4-4(b)(1). It must also be established that defendant understands ... and his ability to adequately participate in his own defense. N.J.S.A. 2C:4-4(b)(2). At the time of trial, defendant undoubtedly suffered ...

docket:	a0038-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-05
status:	unpublished
citation:
Document Size:	52856

36 STATE OF NEW JERSEY v. J.C. -- rank: 582

... competency to stand trial in New Jersey is codified in N.J.S.A. 2C:4-4, which provides in part: "No person who lacks capacity to ... comprehend the process and aid in her own defense. See N.J.S.A. 2C:4-4. Based upon our deferential standard, we concur. Affirmed. This archive ...

docket:	a0498-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-21
status:	unpublished
citation:
Document Size:	22996

37 STATE OF NEW JERSEY v. GARY WILSON -- rank: 577

... judge, and his reason for being present in court. See N.J.S.A. 2C:4-4(b). In response to defense counsel's inquiry, Wilson also ...

docket:	a0151-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-03
status:	Unpublished
citation:
Document Size:	27987

38 /usr/local/share/www/libweb/collections/courts/appellate/a1480-18.opn.html -- rank: 577

... of deciding whether or not to assert a defense. See N.J.S.A. 2C:4-4. His or her decision may not align with counsel's ...

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39 STATE OF NEW JERSEY v. IRVIN MORALES -- rank: 573

... commission of an offense so long as such incapacity endures." N.J.S.A. 2C:4-4. Our review of the record makes it clear that Morales ...

docket:	a6138-09
court:	NJ Superior Court Appellate Division
decided:	2013-12-16
status:	unpublished
citation:
Document Size:	37336

40 STATE OF NEW JERSEY v. MIKE NEWMAN, -- rank: 573

... put to trial.'). New Jersey has codified this standard at N.J.S.A. 2C:4-4, which provides that '[n]o person who lacks capacity to ...

docket:	a5659-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-21
status:	Unpublished
citation:
Document Size:	21775

41 IN THE MATTER OF THE CIVIL COMMITMENT OF D.Y. -- rank: 557

... based on the criteria for competency to stand trial in N.J.S.A. 2C:4-4. After a number of adjournments requested by defense counsel, the ...

docket:	a4296-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-21
status:	published
citation:	426 N.J. Super. 436 45 A.3d 394
Document Size:	37041

42 /usr/local/share/www/libweb/collections/courts/appellate/a0331-17.opn.html -- rank: 557

... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4- 4(a). 'Where evidence raises a bona fide doubt as to ... ability to participate in an adequate presentation of his defense. [ N.J.S.A. 2C:4-4(b); Purnell, 394 N.J. Super. at 47-48.] The ... he faced. The court addressed each of the factors in N.J.S.A. 2C:4-4 and made detailed findings in support of its competency determination ...

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43 STATE OF NEW JERSEY v. JUNE GORTHY -- rank: 555

... judge determined that defendant met the statutory test pursuant to N.J.S.A. 2C:4-4 and N.J.S.A. 2C:4-6 for competence ...

docket:	a2678-09
court:	NJ Superior Court Appellate Division
decided:	2012-10-09
status:	unpublished
citation:	437 N.J.Super. 339 98 A.3d 607
Document Size:	28880

44 STATE OF NEW JERSEY VS. J.H.P. -- rank: 548

... Klein Forensic Center (AKFC), where he remains civilly committed. See N.J.S.A. 2C:4-4. On defense counsel's application, the first motion judge ordered ...

docket:	a0467-23
court:	appellate
decided:	2024-04-04
status:	Published
citation:
Document Size:	48910

45 STATE OF NEW JERSEY v. MALVERN LEWIS -- rank: 538

... the question of whether he was competent to stand trial. N.J.S.A. 2C:4-4(a) prohibits the trying, convicting, and sentencing of a defendant ... in his own defense . . . so long as such incapacity endures." N.J.S.A. 2C:4-4(b) states, however, that a defendant is mentally competent to ...

docket:	a2402-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-06
status:	unpublished
citation:
Document Size:	52241