Search Rutgers Law Library N.J. Court Opinions

136 STATE OF NEW JERSEY v. TERRENCE A. JACKSON -- rank: 640

... the prosecutor rejected defendant from PTI, citing three reasons: 1. [ N.J.S.A. ] 2C:43-12(e)(2). The facts of the case. The facts . . . show ... violence then the defendant's application should be rejected. 2. [ N.J.S.A. ] 2C:43-12(e)(4). The desire of the complainant or victim to ... back was fused together after a four hour procedure. . . . 3. [ N.J.S.A. ] 2C:43-12(e)(10). Whether or not the crime is of an ... prosecutor's consideration of a defendant's PTI application, including: N.J.S.A. 2C:43-12(e)(2), "[t]he facts of the case"; N.J.S.A. 2C:43-12(e)(4), "[t]he desire of the complainant or victim to forego prosecution"; and N.J.S.A. 2C:43-12(e)(10), "[w]hether or not the crime is ...

docket:	a5815-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-29
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Document Size:	25788

137 STATE OF NEW JERSEY v. SHARDAI L. SANTOS -- rank: 640

... 1 The SPO then discussed the factors set forth in N.J.S.A. 2C:43-12(e) to be considered when reviewing an application for admission ... law enforcement. 1 At all times relevant to this appeal, N.J.S.A. 2C:43-12 and 2C:43-13 and the parallel provisions of Rule ... applications for admission to the program, are set forth in N.J.S.A. 2C:43-12 to -22 and, at the time of defendant's application ... the prosecutor and upon written recommendation of the program director . . . .' N.J.S.A. 2C:43-12(e). If the applicant desires to challenge the decision of ... pursuant to the Rules of Court to enter such orders. [ N.J.S.A. 2C:43-12(f) (emphasis added).] A-5266-17T4 6 According to Rule ...

docket:	a5266-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-20
status:	Unpublished
citation:
Document Size:	17593

138 STATE OF NEW JERSEY v. JOSEPH M. EIZAGUIRRE -- rank: 640

... nature of the offense and the facts of the case, N.J.S.A. 2C:43-12(e)(1), (2). This included the fact that defendant's ... the desire of the victim to not forego traditional prosecution, N.J.S.A. 2C:43-12(e)(4). Insofar as the needs and interests of society, N.J.S.A. 2C:43-12(e)(7), (17), the prosecutor noted that two of the ... the offense and its interest in traditional prosecution. When considering N.J.S.A. 2C:43-12(e)(14), the State concluded that these three separate offenses ...

docket:	a0401-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-15
status:	Unpublished
citation:
Document Size:	19012

139 STATE OF NEW JERSEY v. AMY G. SCHULTZ -- rank: 640

... admitted into the Pre-Trial Intervention (PTI) program, pursuant to N.J.S.A. 2C:43-12 to -13. She now appeals the termination of her participation ... correction, responsiveness to rehabilitation and the nature of the offense." N.J.S.A. 2C:43-12(b). While the "nature" of defendant's offenses may have ...

docket:	a0080-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	20268

140 /usr/local/share/www/libweb/collections/courts/appellate/a3730-18.opn.html -- rank: 637

... that the prosecutor failed to consider relevant factors enumerated in N.J.S.A. 2C:43-12 and relied solely on the nature of defendant's offense ... itself or in the possible injurious consequences of such behavior. N.J.S.A. 2C:43-12(e)(10).' The letter provided no other reasons for the ... determined that the prosecutor improperly weighed two factors subsumed under N.J.S.A. 2C:43-12 against defendant, when those factors favored defendant. These included '[t ... 9 as PTI, shall consider the seventeen factors enumerated under N.J.S.A. 2C:43- 12(e). Rule 3:28-4(b) directs the prosecutor to ... application the individualized consideration of the factors set forth at N.J.S.A. 2C:43-12(e). In that regard, despite the fact that there was ... required to consider all of the factors enumerated under both N.J.S.A. 2C:43-12(e) and Rule 3:28-4(b), as well ...

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141 STATE OF NEW JERSEY v. CANDIDO ORTIZ -- rank: 637

... application based on Guideline 3, Rule 3:28, referring to N.J.S.A. 2C:43-12(e)(8), in that defendant's behavior "constitutes part of a continuing pattern of anti-social behavior," and N.J.S.A. 2C:43-12(e)(9), defendant's "record of criminal and penal violations ... Rule 3:28, which incorporates the statutory goals found in N.J.S.A. 2C:43-12(e), was reviewed. The prosecutor concluded that "traditional prosecution is ... of the nonexhaustive list of seventeen statutory factors enumerated in N.J.S.A. 2C:43-12(e) in order to make that necessary individualized assessment. Roseman ... State v. Watkins , 193 N.J. 507 , 520 (2008) (quoting N.J.S.A. 2C:43-12(b)). A defendant may challenge the State's rejection from ... efforts to effectuate behavioral changes to avoid future criminal conduct. N.J.S.A. 2C:43-12(d). See also Pressler & Verniero, Current N.J. Court ...

docket:	a1398-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-26
status:	unpublished
citation:
Document Size:	17721

142 STATE OF NEW JERSEY v. LORRAINE MORGAN -- rank: 637

... State addressed each of the seventeen factors set forth in N.J.S.A. 2C:43-12(e) for determining PTI eligibility. However, the State primarily emphasized the nature of the alleged offense, N.J.S.A. 2C:43-12(e)(1); the facts of the case, N.J.S.A. 2C:43-12(e)(2); and its contention that placing defendant in PTI ... adversely affect the State's prosecution of the three codefendants. N.J.S.A. 2C:43-12(e)(16). In making its argument under N.J.S.A. 2C:43-12(e)(16), the State acknowledged that none of the other ... State had addressed all of the factors set forth in N.J.S.A. 2C:43-12(e), and that there was a presumption against defendant' ...

docket:	a3766-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-13
status:	unpublished
citation:
Document Size:	24772

143 STATE OF NEW JERSEY v. DARYL FREEMAN -- rank: 637

... prosecutor carefully considered each of the factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28 to determine whether defendant would ... with an offense involving the deliberate use of violence. See N.J.S.A. 2C:43-12(b)(2)(b); R. 3: 28 Guideline 3(i)(2 ... as the procedures concerning the program, are set forth in N.J.S.A. 2C:43-12 to -22 7 A-4340-16T2 and Rule 3:28. N.J.S.A. 2C:43-12(e) includes seventeen criteria which, among other factors, prosecutors and ... application is based and the reasons offered for the denial.' N.J.S.A. 2C:43-12(f). Our review of a prosecutor's decision to deny ... assistant prosecutor evaluated each of the factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28 before denying defendant's ...

docket:	a4340-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-16
status:	unpublished
citation:
Document Size:	31701

144 STATE OF NEW JERSEY v. JILL PETRUSKA -- rank: 637

... directing defendant's admission into the pretrial intervention (PTI) program, N.J.S.A. 2C:43-12; Rule 3:28-1 to -10, over the State's ... person[.]' The revised Guideline 3(i) mirrored the text of N.J.S.A. 2C:43-12(b)(2)(a). Effective July 1, 2018, the Supreme Court ... Legislature . . . establish[ed] PTI as a statewide program pursuant to N.J.S.A. 2C:43-12.' Ibid. 'Thus, PTI programs are 'governed simultaneously by the Rule ... the State argues for the first time on appeal, does N.J.S.A. 2C:43- 12(b)(2) create a presumption against defendant's admission to ... or offense charged involved violence or the threat of violence. [ N.J.S.A. 2C:43-12(b)(2)(a) to (b).] To be presumptively ineligible for ... violence, are addressed in a different provision of the statute. N.J.S.A. 2C:43-12(e)(10) provides that [p]rosecutors and program directors ...

docket:	a2957-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	29102

145 STATE OF NEW JERSEY v. MARK A. HIGHSMITH -- rank: 632

... for rejecting defendant's PTI request, citing the factors under N.J.S.A. 2C:43-12. Defendant appealed the prosecutor's denial of his PTI application ... reviewed the prosecutor's consideration of the seventeen factors under N.J.S.A. 2C:43-12(e). In a comprehensive sixteen-page written decision, the judge ... created a presumption against defendant's admission to PTI under N.J.S.A. 2C:43- 12(b)(2)(b); the victims requested the State pursue prosecution ... PTI, prosecutors are required to consider the seventeen factors under N.J.S.A. 2C:43-12(e). '[U]nless and until a defendant demonstrates the contrary ... or offense charged involved violence or the threat of violence.' N.J.S.A. 2C:43- 12(b)(2)(b). A crime involves violence where the actor ...

docket:	a2146-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-28
status:	Unpublished
citation:
Document Size:	29282

146 /usr/local/share/www/libweb/collections/courts/appellate/a4200-17.opn.html -- rank: 632

... violent nature' did not apply beyond domestic violence offenders. See N.J.S.A. 2C:43-12(b)(2)(b) and (e)(10); L. 2015, c. 98 ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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147 STATE OF NEW JERSEY v. A.M.S. -- rank: 632

... s application for admission into the Pretrial Intervention Program (PTI), N.J.S.A. 2C:43-12 to -22; R. 3:28. After reviewing the record before ...

docket:	a3669-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	unpublished
citation:
Document Size:	25118

148 STATE V. JOSEPH LEON HALISKI -- rank: 629

... 2, ¶ 3; R. 3:28, and later by the Legislature, N.J.S.A. 2C:43-12 to -22. See State v. Nwobu , 139 N.J. 236 ...

docket:	a-59-94
court:	njsupreme
decided:	1995-04-20
status:
citation:	140 N.J. 1
Document Size:	91045

149 STATE OF NEW JERSEY v. JAMAAL B. MCCALL -- rank: 629

... suitability for PTI is based on factors set forth in N.J.S.A. 2C:43-12(e) and Rule 3:28-4(b). In June 2019 ... or inappropriately A-2481-20 4 considered the factors under N.J.S.A. 2C:43-12(e), specifically pointing to factors (5), (6), (7), (9), (16 ... Office s evaluation of the seventeen criteria set forth in N.J.S.A. 2C:43-12(e) gave little consideration to the numerous factors that weighed ... other than a consideration of the relevant factors pursuant to N.J.S.A. 2C:43-12(e). While defendant maintains the Prosecutor's Office focused more ...

docket:	a2481-20
court:	NJ Superior Court Appellate Division
decided:	2023-12-19
status:	Unpublished
citation:
Document Size:	18888

150 /usr/local/share/www/libweb/collections/courts/appellate/a5974-13.opn.html -- rank: 626

... the prosecutor asserted that the following factors set forth in N.J.S.A. 2C:43-12(e) disfavored defendant's acceptance into PTI: factor seven, "the ... prosecutors to consider a non-exclusive list of seventeen criteria. N.J.S.A. 2C:43-12(e). These criteria "include 'the details of the case, defendant ... work in harmony with the seventeen individual factors listed in N.J.S.A. 2C:43-12(e). Pertinent here, factor ten provides that consideration must be ... itself or in the possible injurious consequences of such behavior." N.J.S.A. 2C:43-12(e)(10). This standard is qualified under Guideline 3(i ... that, after both Caliguiri and the present case were decided, N.J.S.A. 2C:43-12(b)(2) was amended to provide that: There shall be ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	37791