Search Rutgers Law Library N.J. Court Opinions

1 State v. J.V. -- rank: 1000

... appeal, the Court considers whether the new juvenile waiver statute, N.J.S.A. 2A:4A-26.1 (Section 26.1), applies retroactively to a juvenile who ... under the then-existing, but now repealed, juvenile waiver statute, N.J.S.A. 2A:4A-26(a), under which the Legislature tasked the Attorney General (AG ... juvenile’s history of substance abuse and/or emotional instability. N.J.S.A. 2A:4A-26.1(c)(3)(d), 1 (e), and (j). Section 26 ... this matter, we consider whether the new juvenile waiver statute, N.J.S.A. 2A:4A-26.1 (Section 26.1), applies retroactively to a juvenile who ... under the then-existing, but now repealed, juvenile waiver statute, N.J.S.A. 2A:4A-26(a). Under that waiver statute, the Legislature tasked the Attorney ... juvenile’s history of substance abuse and/or emotional instability. N.J.S.A. 2A:4A-26.1(c)(3)(d), (e), and (j). Section 26. ...

docket:	a-95-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	45529

2 State of New Jersey in the Interest of A.D. -- rank: 992

... were listed among offenses set forth in the waiver statute, N.J.S.A. 2A:4A-26, the State asked the trial court to waive Family Part ... determination that defendants can be tried as adults, pursuant to N.J.S.A. 2A:4A-26, is affirmed. 1. On motion of the prosecutor, N.J.S.A. 2A:4A-26 authorizes waiver of family court jurisdiction over the prosecution of ... one of a list of serious crimes set forth in N.J.S.A. 2A:4A-26. Pursuant to a 2000 amendment to the statute that was ... The Legislature did not define probable cause for waiver in N.J.S.A. 2A:4A-26. Because N.J.S.A. 1:1-1 provides that ... N.J. 402 (2005), that probable cause for purposes of N.J.S.A. 2A:4A-26 is a well-grounded suspicion or belief that the ...

docket:	A-122-10
court:	NJ Supreme Court
decided:	2012-09-20
status:
citation:	212 N.J. 200 52 A.3d 1024
Document Size:	115386

3 State of New Jersey in the Interest of N.H. -- rank: 981

... the time the State moved for waiver in this case, N.J.S.A. 2A:4A-26 governed juvenile waiver hearings. That statute has since been repealed and replaced by N.J.S.A. 2A:4A-26.1. There are no material differences between the relevant parts ... State considered” all eleven factors set forth in the statute, N.J.S.A. 2A:4A-26.1(b), and determine whether “the prosecutor abused his ... those] factors in deciding whether to seek a waiver,” N.J.S.A. 2A:4A-26.1(c)(3). The court may deny a waiver motion ... is clearly convinced that the prosecutor abused his discretion.” N.J.S.A. 2A:4A-26.1(c)(3). (pp. 7-13) 2. The waiver of ... of statutory factors to decide whether to seek a waiver. N.J.S.A. 2A:4A-26.1(c)(2)–(3). Full discovery at this ...

docket:	A-4-15
court:	NJ Supreme Court
decided:	2016-08-10
status:
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Document Size:	90167

4 STATE OF NEW JERSEY v. JAMES C. ZARATE, -- rank: 950

... the Law Division, pursuant to the then-existing provisions in N.J.S.A. 2A:4A-26(a). The court granted the motion. In a separate indictment ... sentencing scheme created by the newly enacted juvenile waiver statute, N.J.S.A. 2A:4A-26.1(c)(1) (effective March 1, 2016), which increased the ... disposition, in light of the Legislature's 2015 repeal of N.J.S.A. 2A:4A-26, and enactment of N.J.S.A. 2A:4A-26.1 (the revised waiver statute). Zarate also moved to bar ... void the waiver, finding no evidence that the Legislature intended N.J.S.A. 2A:4A-26.1 to apply retroactively to this case. On November 8 ... issue. A. Under the former version of the waiver statute, N.J.S.A. 2A:4A-26 (repealed by L. 2015. c. 89), the Family Part ...

docket:	a2001-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-23
status:	Unpublished
citation:
Document Size:	91539

5 /usr/local/share/www/libweb/collections/courts/appellate/a3516-19.opn.html -- rank: 937

... involuntary, although it can be requested by the juvenile. See N.J.S.A. 2A:4A- 26.1 (involuntary waiver) and N.J.S.A. 2A:4A ... State v. J.M., 182 N.J. 402, 411 (2005); N.J.S.A. 2A:4A-26(a). A-3516-19T1 7 first-degree robbery, or other specified very serious offenses. N.J.S.A. 2A:4A- - 26(e). Of pertinence here, the 2000 statutory revision also instructed ... the uniform application of [the waiver standards] throughout the State.' N.J.S.A. 2A:4A- 26(f). The Attorney General did so, promulgating such Guidelines in ... an offender's eligibility for waiver from fourteen to fifteen. N.J.S.A. 2A:4A- - 26.1(c)(1). The Legislature also revised the waiver statute ... evaluation of those facts supports waiver for each particular juvenile.' N.J.S.A. 2A:4A-26.1(a) (emphasis added). The new list of statutory ...

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Document Size:	96950

6 STATE OF NEW JERSEY v. ZAMAIRE BARDEN -- rank: 917

... purpose to use it unlawfully against the person of another. N.J.S.A. 2A:4A- - 26(a)(2)(a), (d), (g), and (i). To oppose waiver ... the age of [nineteen] substantially outweighs the reasons for waiver.' N.J.S.A. 2A:4A-26(e). This opportunity to demonstrate the possibility of rehabilitation was ... J.M., 182 N.J. 402, 412 (2005). Thus, under N.J.S.A. 2A:4A-26, 'the Legislature vested the prosecutor's office with the primary ... waiver and changed some of the waiver requirements. The newer N.J.S.A. 2A:4A-26.1 created by this enactment maintains the requirement that the ... purpose to use it unlawfully against the person of another. N.J.S.A. 2A:4A-26.1(c)(2)(a), (j), and (n). However, the amendment ... fourteen to fifteen years at the time of the offense. N.J.S.A. 2A:4A-26.1(c)(1). N.J.S.A. 2A:4A- ...

docket:	a3409-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-25
status:	Unpublished
citation:
Document Size:	82128

7 State In the Interest of V.A. -- rank: 909

... decision to waive certain juveniles into adult criminal court. Under N.J.S.A. 2A:4A-26, the prosecutor may, in his discretion, file a motion to ... offenses into adult criminal court. In 2000, the Legislature amended N.J.S.A. 2A:4A-26 to eliminate the opportunity for juveniles aged sixteen and over ... years old or older, were charged with offenses enumerated in N.J.S.A. 2A:4A-26. The State filed waiver motions for the juveniles and submitted ... aged sixteen and over charged with an enumerated offense under N.J.S.A. 2A:4A-26 into adult criminal court. 1. Shortly after the 2000 amendments ... with certain serious offenses, as were the juveniles here. See N.J.S.A. 2A:4A-26(a), (e). While a prosecutor’s decision to seek waiver ... promote uniformity, thereby preventing arbitrary exercise of that discretionary authority. N.J.S.A. 2A:4A-26(f); see State v. J.M. , 182 N.J. ...

docket:	a-9-11
court:	NJ Supreme Court
decided:	2012-09-12
status:
citation:
Document Size:	128867

8 STATE OF NEW JERSEY IN THE INTEREST OF J.D. -- rank: 883

... by the statute in place when the assaults allegedly occurred, N.J.S.A. 2A:4A-26, or the statute that became effective on March 1, 2016, N.J.S.A. 2A:4A-26.1, after the alleged assaults occurred. After receiving briefs and ... the waiver hearing will be governed by the current statute, N.J.S.A. 2A:4A-26.1. In making that ruling, the court relied on the ... waived to adult court, pled guilty, and was sentenced' before N.J.S.A. 2A:4A-26.1 'became effective cannot claim the benefit[s] of the ... J.V. Court's discussion of the prospective application of N.J.S.A. 2A:4A-26.1 meant that the statute was to govern all waiver ... D. argues that he should be allowed to proceed under N.J.S.A. 2A:4A-26(e), which allowed a juvenile to oppose waiver to ...

docket:	a0548-20
court:	NJ Superior Court Appellate Division
decided:	2020-05-05
status:	Published
citation:
Document Size:	34646

9 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 834

... jurisdiction to the Law Division under the former waiver statute, N.J.S.A. 2A:4A-26. It noted defendant faced a maximum thirty-year to life ... introduce evidence or present witnesses at the waiver hearing. Applying N.J.S.A. 2A:4A-26, the judge noted the State was only required to show ... case was on direct appeal and the revised waiver statute, N.J.S.A. 2A:4A-26.1, is afforded pipeline retroactivity, id. at 20 (citing State ... 18 5 including consideration of the factors set forth in N.J.S.A. 2A:4A-26.1(c)(3). Id. at 20-21. The prosecutor was ... for the waiver addressing each of the factors' enumerated in N.J.S.A. 2A:4A-26.1(c)(3). Id. at 21. We did not reach ... victim, the input of the victim or victim's family. [N.J.S.A. 2A:4A-26.1(c)(3).] As to factor (a), the nature ...

docket:	a5620-18
court:	NJ Superior Court Appellate Division
decided:	2021-10-07
status:	Unpublished
citation:
Document Size:	53236

10 STATE OF NEW JERSEY IN THE INTEREST OF M.P. -- rank: 811

... all charges against him to the Criminal Division pursuant to N.J.S.A. 2A:4A-26.1. M.P. was seventeen years old when he was ... sought to waive defendant to the Criminal Division pursuant to N.J.S.A. 2A:4A-26.1 and Rule 5:22-2, and filed its waiver ... that must be considered in making a waiver determination under N.J.S.A. 2A:4A-26.1(c)(3)(a)–(k). The State based its ... at the time, noting that it could not address factors N.J.S.A. 2A:4A- 26.1(c)(3)(e)—eligibility for special education—and N.J.S.A. 2A:4A- 26.1(c)(3)(j)—evidence of mental health concerns ... properly consider and weigh all of the factors, including factor N.J.S.A. 2A:4A-26.1(c)(3)(e)—eligibility for special education ...

docket:	a3434-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-05
status:	Unpublished
citation:
Document Size:	41737

11 STATE OF NEW JERSEY IN THE INTEREST OF A.W. -- rank: 803

... this juvenile delinquency matter to the Law Division pursuant to N.J.S.A. 2A:4A-26.1. That process is commonly referred to as 'waiving' a ... assigned assistant prosecutor to the [c]ourt,' as required by N.J.S.A. 2A:4A- 26.1(a). On December 31, 2020, the State filed a ... in the context of the relevant factors set forth in N.J.S.A. 2A:4A-26.1(c)(3)(a)– (k).4 As to the first enumerated factor, N.J.S.A. 2A:4A-26.1(c)(3)(a) ('[t]he nature and circumstances of ... Newark to avoid apprehension.' As to the second statutory factor, N.J.S.A. 2A:4A-26.1(c)(3)(b) ('[w]hether the offense was against ... a danger to the public. As to the third factor, N.J.S.A. 2A:4A-26.1(c)(3)(c), (the 'degree of the juvenile' ...

docket:	a3763-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-07
status:	Unpublished
citation:
Document Size:	62191

12 STATE IN THE INTEREST OF J.F A Juvenile -- rank: 772

... Michael Blee denying the State's application, filed pursuant to N.J.S.A. 2A:4A-26 and Rule 5:22-2, to waive jurisdiction of J ... intent of the Legislature's recent repeal and replacement of N.J.S.A. 2A:4A-26, 2 which excludes the possibility of waiver to adult court ... all juveniles whose unlawful behavior occurred before their fifteenth birthday. N.J.S.A. 2A:4A-26.1(c)(1). We therefore also affirm on the alternate ... 2C:29-3(b)(1). The State moved, pursuant to N.J.S.A. 2A:4A-26 and Rule 5:22-2, for the involuntary waiver of ... forty-five-page written opinion, Judge Blee found, pursuant to N.J.S.A. 2A:4A-26, the State proved probable cause for the charge of first ... 10, 2015, effective March 1, 2016, which repealed and replaced N.J.S.A. 2A:4A-26. See Act of Aug. 10, 2015 , ch. 89, 2 ...

docket:	a0392-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	published
citation:	446 N.J.Super. 39 140 A.3d 564
Document Size:	69654

13 STATE OF NEW JERSEY IN THE INTEREST OF J.C. -- rank: 746

... the Family Part denied the State's motion pursuant to N.J.S.A. 2A:4A-26 to waive jurisdiction of J.C.'s case from the ... waiver, thereby requiring denial of the State's motion under N.J.S.A. 2A:4A-26(e). We granted the State leave to appeal that ruling, and now affirm. I. In relevant part, N.J.S.A. 2A:4A-26(a) provides that the trial court shall: waive jurisdiction over ... of the second degree, kidnapping , aggravated arson, or gang criminality . . . . [ N.J.S.A. 2A:4A-26(a) (emphasis added).] N.J.S.A. 2A:4A-26(e) further provides that: If the juvenile can show that ... with committing any of the acts enumerated in subparagraph (a) . . . . [ N.J.S.A. 2A:4A-26(e) (emphasis added).] The Legislature has created a presumption ...

docket:	a5493-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	61453

14 STATE OF NEW JERSEY IN THE INTEREST OF I.S. -- rank: 736

... identified in the statute authorizing waivers to adult court. See N.J.S.A. 2A:4A-26.1(c)(3). The State concluded that factors one, two ... the alleged murder, satisfying the statutory age for waiver. See N.J.S.A. 2A:4A-26.1(c)(1). The judge also found probable cause that ... by an adult, would constitute murder, a crime listed in N.J.S.A. 2A:4A-26.1(c)(2). In analyzing the State's evaluation of the eleven factors set forth in N.J.S.A. 2A:4A-26.1(c)(3), the judge focused on the tenth factor ... to be tried as an adult is governed by statute, N.J.S.A. 2A:4A-26.1, and guided by caselaw, see N.H., 226 N ... 8 offenses listed in the statute, which includes criminal homicide. N.J.S.A. 2A:4A-26.1(c)(1) and (2). A. The Prosecutor's ...

docket:	a3922-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-21
status:	Unpublished
citation:
Document Size:	28839

15 STATE OF NEW JERSEY v. KAREEM A. MCNEIL -- rank: 736

... TO SET FORTH REASONS PURSUANT TO THE FORMER WAIVER STATUTE, N.J.S.A. 2A:4A- 26, AND FAILED TO CONSIDER THE FACTORS UNDER THE AMENDED WAIVER STATUTE, N.J.S.A. 2A:4A-26.1[(c)](3), WHICH SHOULD APPLY RETROACTIVELY TO [LAWS]. [(Not ... with a statement of reasons supporting its waiver motion under N.J.S.A. 2A:4A-26.1, and its predecessor, N.J.S.A. 2A:4A-26. Before the trial court, Laws never sought clarification of the ... committed the homicide on May 25, 2013. At that time, N.J.S.A. 2A:4A-26(a) permitted, in pertinent part, involuntary waiver of jurisdiction to ... to demonstrate 'the probability of his rehabilitation' by age nineteen. N.J.S.A. 2A:4A-26(e). However, under the statutory amendments, effective March 14, ...

docket:	a4389-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-09
status:	Unpublished
citation:
Document Size:	59296