Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY IN THE INTEREST OF J.C. a Juvenile -- rank: 1000

... J.C.'s lack of mental competence to proceed under N.J.S.A. 2C:4-4. The trial judge held a competency hearing in connection with ... criteria for competence to stand trial as set forth in N.J.S.A. 2C:4- -4.' Purnell, 394 N.J. Super. at 39. Barr conducted two ... The report also did not assess the criteria listed in N.J.S.A. 2C:4-4, although it did note that J.C. had a 'cognitive ... to participate in an adequate presentation of his defense, see N.J.S.A. 2C:4-4(g), Barr did not address any of the other factors enumerated in N.J.S.A. 2C:4-4. Thus, as argued by the State, '[i]t is evident ... did not meet the standards for a competency evaluation under N.J.S.A. 2C:4-4 and N.J.S.A. 2C:4-5, warranting ...

docket:	a1613-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-12
status:	Unpublished
citation:
Document Size:	65389

2 State v. June Gorthy -- rank: 963

... a criminal defendant is found competent to stand trial under N.J.S.A. 2C:4-4, he or she has the autonomy to make strategic decisions ... in determining whether defendant is competent to stand trial under N.J.S.A. 2C:4-4(b) is whether defendant has the capacity to assist in ... court should assess defendant’s competency to stand trial under N.J.S.A. 2C:4-4, based on current information and mental health evaluations. The court ... a criminal defendant is found competent to stand trial under N.J.S.A. 2C:4-4, he or she has the autonomy to make strategic decisions ... a pretrial motion challenging her competency to stand trial under N.J.S.A. 2C:4-4. After reviewing medical records and mental health evaluations, the trial ... her defense, and was therefore incompetent to stand trial under N.J.S.A. 2C:4-4(b)(2)(g). Relying on defendant’s apparent comprehension ...

docket:	A-51-14
court:	NJ Supreme Court
decided:	2016-09-28
status:
citation:	226 N.J. 516 145 A.3d 146
Document Size:	110695

3 STATE OF NEW JERSEY IN THE INTEREST OF N.C. -- rank: 882

... with instructions that the court follow the procedure specified in N.J.S.A. 2C:4-4 to -6 for determining N.C.'s fitness to proceed ... a report contrary to N.C.'s interests. He argued N.J.S.A. 2C:4-4 to -6 clearly apply to juveniles, and DHS is the ... of whether the competency statutes of the criminal code, specifically N.J.S.A. 2C:4-4 to -6, apply to juveniles. We conclude the statutes do ... incompetent to stand trial by the procedures set forth in N.J.S.A. 2C:4-4 to -6, State v. Gorthy, 226 N.J. 516, 530 ... the Legislature did not intend to limit the provisions of N.J.S.A. 2C:4-4 to -6 to adult defendants.3 The United States Supreme ... that right are those codified in the criminal code at N.J.S.A. 2C:4-4 to -6, we are confident they necessarily apply to ...

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

4 STATE OF NEW JERSEY v. NORMAN P. DOBRES -- rank: 864

... highly controversial' and should only 'supplement[]' the criteria enumerated under N.J.S.A. 2C:4-4 rather than 'replace' a thorough statutory review of the competency ... order' and 'accusation.' Dr. Schlesinger, applying the criteria listed in N.J.S.A. 2C:4-4, found defendant was aware of person, place, and time, understood ... that: 'defendant was generally aware of person, place and time,' N.J.S.A. 2C:4- 4(b)(1); 'defendant understood his case [was] before the court and that he [was] charged with a crime,' N.J.S.A. 2C:4-4(b)(2)(a); 'defendant understood the role of a judge in this case,' N.J.S.A. 2C:4-4(b)(2)(b); 'defendant understood what [defense counsel] was doing for him by representing him,' N.J.S.A. 2C:4- - 4(b)(2)(d); 'defendant was able to explain the ...

docket:	a3895-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-08
status:	Unpublished
citation:
Document Size:	24644

5 State of New Jersey v. William E. Rivera -- rank: 844

... of an offense so long as such incapacity endures,” N.J.S.A. 2C:4-4(a), and it sets forth the elements necessary to prove competence to stand trial. N.J.S.A. 2C:4-4(b). A determination that a defendant is competent to stand ... of an offense so long as such incapacity endures,” N.J.S.A. 2C:4-4(a), and it sets forth the elements necessary to prove competence to stand trial. N.J.S.A. 2C:4-4(b). Under this statutory regime, if, after examination, N.J ...

docket:	A-11-10
court:	NJ Supreme Court
decided:	2011-04-26
status:
citation:	205 N.J. 472 16 A.3d 352
Document Size:	97737

6 STATE OF NEW JERSEY v. ROBERT HANDY -- rank: 844

... Chung confirmed that she had considered the statutory requirements under N.J.S.A. 2C:4-4, and that defendant met all of the criteria. She noted ... afflicted that he lacks the competency to stand trial. See N.J.S.A. 2C:4-4; State v. Purnell , 394 N.J. Super. 28 , 47 (App ...

docket:	a0401-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	published
citation:	421 N.J. Super. 559 25 A.3d 1140
Document Size:	160204

7 STATE OF NEW JERSEY v. PAUL MOYA -- rank: 809

... 6, 1994. ����The charges were dismissed with prejudice pursuant to N.J.S.A. 2C:4-4, -5, -6 because the judge concluded that defendant would not ... the State says that it met its statutory burden under N.J.S.A. 2C:4-4 to establish competence. To the extent the defendant did not ... a comprehensive factual record that provides a basis for the N.J.S.A. 2C:4-4 determination and for a N.J.S.A. 2C:4 ...

docket:	a3855-98
court:	njappellate
decided:	2000-04-06
status:	published
citation:	329 N.J.Super. 499
Document Size:	40603

8 /usr/local/share/www/libweb/collections/courts/appellate/a3852-18.opn.html -- rank: 791

... Dusky v. United States 2 standard and the requirements of N.J.S.A. 2C:4-4. In sum, Terranova opined that with accommodations for defendant's ... competent to stand trial via prongs (a) through (f) of N.J.S.A. 2C:4-4(b), but that 'cognitive functioning would not permit him to ... defense or to assist counsel to a reasonable degree,' under N.J.S.A. 2C:4-4(b)(2)(g). Judge Wells made precise findings regarding defendant ... for determining mental competence in New Jersey is codified in N.J.S.A. 2C:4-4. M.J.K., 369 N.J. Super. at 547-48 ... ability to participate in an adequate presentation of his defense. [ N.J.S.A. 2C:4-4(b) (emphasis added).] The ultimate decision of whether a defendant ...

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9 STATE OF NEW JERSEY v. N.K -- rank: 791

... 2 N.J. 426, 435 (1949))). A-4332-19 14 N.J.S.A. 2C:4-4 sets forth the statutory standard for determining competency. State v ... ability to participate in an adequate presentation of his defense. [N.J.S.A. 2C:4-4.] Defendant's claim his counsel was ineffective by failing to ... use rendered him incompetent under the standard set forth in N.J.S.A. 2C:4-4. Defendant fails to point to any competent evidence his alleged ... or participate in an adequate presentation of his defense. See N.J.S.A. 2C:4-4. His supporting certification does not assert, address, or offer any ... satisfy the A-4332-19 16 requirement for competency under N.J.S.A. 2C:4-4 such that but for this counsel's alleged error in ... from any issue that would have rendered him incompetent under N.J.S.A. 2C:4-4. Thus, the limited opinion included in Dr. Singer's ...

docket:	a4332-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-24
status:	Unpublished
citation:
Document Size:	40244

10 STATE OF NEW JERSEY v. D.L. -- rank: 779

... 3 Applying the competency to stand trial criteria delineated in N.J.S.A. 2C:4-4(b),2 Chung determined defendant's 'factual understanding of the ... defendant's 'response style indicated that at best, he 2 N.J.S.A. 2C:4-4(b) provides, in pertinent part, that '[a] person shall be ... a comprehensive factual record that provides a basis for the N.J.S.A. 2C:4-4 determination and for a N.J.S.A. 2C:4 ...

docket:	a5632-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-17
status:	Unpublished
citation:
Document Size:	39040

11 /usr/local/share/www/libweb/collections/courts/appellate/a5136-17.opn.html -- rank: 779

... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4- 4(a). The standard for determining competency is set forth at N.J.S.A. 2C:4- 4(b), which provides, in pertinent part: A person shall be ... record shows that defendant met the statutory standard for competency, N.J.S.A. 2C:4-4, and there was no reason for the trial court to ... offenses, with a jury to consider his guilt or innocence. N.J.S.A. 2C:4-4(b)(1) and (2)(a) and (f). He also demonstrated ... convict him, and his attorney was responsible for defending him. N.J.S.A. 2C:4-4(b)- (d). The record further indicates that defendant understood he had the right to testify. N.J.S.A. 2C:4-4(e). The judge engaged in colloquies with defendant regarding ...

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12 STATE OF NEW JERSEY v. CARLOS CAMPOS -- rank: 777

... to be considered competent to stand trial as defined in N.J.S.A. 2C:4-4.' He added, '[b]ecause [] defendant's psychiatric symptoms 3 A ... not malingering and remained incompetent to stand trial pursuant to N.J.S.A. 2C:4-4(g). The defense also arranged to have defendant evaluated by ... 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 ... commission of an offense so long as such incapacity endures.' N.J.S.A. 2C:4-4(a). The proofs must establish that the defendant understands his ... same; and his ability to participate in his own defense. N.J.S.A. 2C:4-4(b). Our Supreme Court has recently noted: An important component ... capacity to assist in his or her own defense. See N.J.S.A. 2C:4-4(a) (barring prosecution of person lacking capacity to 'assist ...

docket:	a3717-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-29
status:	unpublished
citation:
Document Size:	60219

13 STATE OF NEW JERSEY v. ISAAC P. ROSS -- rank: 749

... FAILED TO: (1) ADEQUATELY PROBE [DEFENDANT]'S UNDERSTANDING OF THE N.J.S.A. 2C:4-4 FACTORS AND FAILED TO ENSURE THAT HE WOULD COOPERATE WITH ... determination that defendant was competent to stand trial. Pursuant to N.J.S.A. 2C:4-4(a): 'No person who lacks capacity to understand the proceedings ... appreciate his presence in relation to time, place and things[,]' N.J.S.A. 2C:4-4(b)(1); and he understands: his presence in a courtroom ... so; and his ability to participate in his own defense, N.J.S.A. 2C:4-4(b)(2). Our case law plainly establishes that trial judges ... and not experts, must make the final competency determination under N.J.S.A. 2C:4-4. State v. Moya, 329 N.J. Super. 499, 506 (App ... months later, another judge commenced a competency hearing pursuant to N.J.S.A. 2C:4-4, but adjourned the proceedings when defendant A-4643-17T4 ...

docket:	a4643-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-28
status:	Unpublished
citation:
Document Size:	34928

14 STATE OF NEW JERSEY v. DANIEL J. DINNEBEIL -- rank: 743

... mental status when considered in conformity with the requirements of N.J.S.A. 2C:4-4(b). He found that Dinnebeil did not suffer from "impaired ... Ct. 896 , 904, 43 L. Ed.2d 103 , 113 (1975). N.J.S.A. 2C:4-4(a) provides that "[n]o person who lacks capacity to ... appreciate his presence in relation to time, place, and things." N.J.S.A. 2C:4-4(b)(1). The record must also demonstrate that the defendant ... ability to participate in an adequate presentation of his defense. [ N.J.S.A. 2C:4-4(b)(2).] When a defendant's competency or fitness to ... doing so, she carefully followed the procedures set forth in N.J.S.A. 2C:4-4, 2C:4-5, and 2C:4-6. Because Terranova's ...

docket:	a5894-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-26
status:	unpublished
citation:
Document Size:	31886

15 /usr/local/share/www/libweb/collections/courts/appellate/a2498-17.opn.html -- rank: 736

... expert. A-2498-17T1 23 competency to stand trial under N.J.S.A. 2C:4-4(b).6 Defendant makes no showing the court's failure ... satisfied the elements required to establish the insanity defense under N.J.S.A. 2C:4-4(b). The court sustained an objection to Dr. Kardos's ...

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