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 was ... 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 26.1 ... 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 was ... 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 26.1 was ... when seeking to waive a juvenile to adult court. See N.J.S.A. 2A:4A-26.1(c)(3); see also State in Interest of N.H ... concerns, substance abuse, or emotional instability of the juvenile.” N.J.S.A. 2A:4A-26.1(c)(3)(d), (e), (i), and (j). Section 26. ...

docket:	a-95-18
court:	NJ Supreme Court
decided:	0000-00-00
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2 State of New Jersey in the Interest of N.H. -- rank: 942

... 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 That statute has since been repealed and replaced by N.J.S.A. 2A:4A-26.1.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 of ... 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 discretion ... 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 a ... 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 critical stage ... hearings. That statute has since been repealed and replaced by N.J.S.A. 2A:4A-26.1, which went into effect on March 1, 2016. L. ...

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

3 STATE OF NEW JERSEY v. ZAMAIRE BARDEN -- rank: 923

... 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 Family ... 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 raised ... 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-26.1(a) provides that a prosecutor seeking waiver shall file a ... forth the facts used in assessing all factors contained in' N.J.S.A. 2A:4A-26.1(c)(3), 'together with an explanation as to how evaluation ... the victim or victim's family. A-3409-19 21 [N.J.S.A. 2A:4A-26.1(c)(3).] At the hearing, the court shall receive ...

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status:	Unpublished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

4 STATE OF NEW JERSEY v. JAMES C. ZARATE, -- rank: 907

... 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 offense ... 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 as ... 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, 2017 ... remand back to the Family Part. A-2001-17T3 19 N.J.S.A. 2A:4A-26.1 made a number of changes to the waiver process. The ... fourteen to fifteen, as of the date of the offense. N.J.S.A. 2A:4A-26.1(c)(1). Second, it extends the time in which the ... from thirty to sixty days after receipt of the complaint. N.J.S.A. 2A:4A-26.1(a). Third, it reduces and more clearly defines the ...

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: 876

... 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-27 ... 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 to ... 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 waiver factors ... victim, the input of the victim or victim's family. [N.J.S.A. 2A:4A-26.1(c)(3).] The Supreme Court has observed these eleven factors ... ensure uniform application' of the statutory factors 'throughout the State.' N.J.S.A. 2A:4A-26.1(c)(3). For reasons that have not been explained, the ... criminal sophistication,' and prior history with the juvenile justice system. N.J.S.A. 2A:4A-26.1(c)(3)(a), (c), (f), (g), (h). The amended ...

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6 State v. James Comer -- rank: 831

... to 15. L. 2015, c. 89, §1 (codified at N.J.S.A. 2A:4A-26.1(c)(1)). The Legislature also eliminated life-without-parole sentences ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

7 STATE OF NEW JERSEY IN THE INTEREST OF J.D. -- rank: 826

... 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 hearing ... 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 recent ... 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 new ... 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 proceedings ... ADULT WHO CAN PROVE REHABILITATION UNDER THE STANDARDS WHICH PREEXISTED N.J.S.A. 2A:4A-26.1 (WHEN THE ALLEGED DELINQUENT ACTS OCCURRED) SHOULD HAVE THE OPPORTUNITY ... health status, and history of substance abuse or emotional instability. N.J.S.A. 2A:4A- 26.1(c)(3)(d), (e), and (j). A-0548-20 ...

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

8 STATE OF NEW JERSEY v. JONATHAN PEREZ -- rank: 817

... 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 ex ... 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 permitted ... 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 defendant ... 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 and circumstances ... judge issued a lengthy oral decision granting involuntary waiver under N.J.S.A. 2A:4A-26.1. She recounted the evidence adduced during the hearing to determine ... the age of fourteen when the offenses were committed. See N.J.S.A. 2A:4A-26.1(c)(1). She also found no information had 'been ...

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

9 STATE IN THE INTEREST OF J.F A Juvenile -- rank: 812

... 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 basis ... age or older at the time of the delinquent act." N.J.S.A. 2A:4A-26.1(c)(1). J.F. was fourteen years old at the ... not have initially rendered him or her eligible for waiver, N.J.S.A. 2A:4A-26.1(f)(2). The statute also for the first time provides ... the sentence in that facility even after turning twenty-one, N.J.S.A. 2A:4A-26.1(f)(1). 12 Scientific knowledge regarding the limited biological development ... s comprehensive opinion and based upon the retroactive application of N.J.S.A. 2A:4A-26.1(c)(1), which precludes the waiver of juveniles who are ... not address whether the age restriction in the recently revised N.J.S.A. 2A:4A-26.1(c)(1) applies retroactively. As the majority noted, Judge ...

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

10 STATE OF NEW JERSEY IN THE INTEREST OF I.C -- rank: 767

... the Law Division for trial as an adult pursuant to N.J.S.A. 2A:4A-26.1. We vacate the order and remand for further proceedings. I ... A. 2C:20-7. The State thereafter moved pursuant to N.J.S.A. 2A:4A-26.1 to waive the first-degree carjacking count and two second ... of aggravated assault were the subjects of its waiver application. N.J.S.A. 2A:4A-26.1(c)(2)(n) allows for waiver charges of conspiracy to ... 2021 submission addressed each of the factors set forth in N.J.S.A. 2A:4A-26.1(c)(3)(a) to (k). We focus only on the ... crimes, including two crimes charged here, carjacking and aggravated assault. N.J.S.A. 2A:4A- 26.1(c)(1) and (2)(d) and (g). A waiver application ... forth the facts used in assessing all factors contained in [N.J.S.A. 2A:4A-26.1(c)(3)], together with an explanation as to how ...

docket:	a2080-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-06
status:	Unpublished
citation:
Document Size:	36622

11 STATE OF NEW JERSEY IN THE INTEREST OF M.P. -- rank: 752

... 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 arrested ... 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 motion ... 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 findings ... 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, substance ... 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 and ...

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

12 STATE OF NEW JERSEY IN THE INTEREST OF A.W. -- rank: 750

... 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 juvenile ... 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 supplemental ... 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 the ... 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 ... 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's ...

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

13 STATE OF NEW JERSEY v. CALVIN BASS -- rank: 748

... petition for post-conviction relief (PCR). We affirm, and hold N.J.S.A. 2A:4A-26.1(c)(1), which does not authorize the waiver to adult ... 2017. In his petition, defendant argued the revised waiver statute, N.J.S.A. 2A:4A-26.1(c)(1), enacted in 2015, should be applied retroactively to ... petition without an evidentiary hearing. Reviewing the plain language of N.J.S.A. 2A:4A-26.1(c)(1), the PCR judge found no express language permitting ... majority in [J.F.] makes a compelling argument for why N.J.S.A. 2A:4A-26.1 should apply retroactively in that particular case, its instruction to ... DENYING THE DEFENDANT'S PETITION FOR POST- CONVICTION RELIEF SINCE N.J.S.A. 2A:4A- 26.1(c)(1), WHICH PROVIDES THAT A JUVENILE CANNOT BE WAIVED ... Defendant argues the PCR judge erred in failing to apply N.J.S.A. 2A:4A-26.1(c)(1) retroactively pursuant to J.F. because federal ...

docket:	a0407-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-14
status:	Published
citation:	457 N.J.Super. 1 197 A.3d 192
Document Size:	33094

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

... 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 raised ... 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 ... S.A. 2A:4A-26 was repealed and replaced with N.J.S.A. 2A:4A-26.1, effective March 1, 2016. L. 2015, c. 89, § 6 ... evaluation of those facts support waiver for each particular juvenile.' N.J.S.A. 2A:4A-26.1(a) Stating the terms of N.J.S.A. 2A:4A-26.1 were 'plain and unambiguous,' the Court in State v. J ...

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

15 State in the Interest of E.S. -- rank: 726

... Two weeks later, the State filed a motion pursuant to N.J.S.A. 2A:4A-26.1 to waive juvenile court jurisdiction and to transfer the case ... 1. The Court reviews in detail the waiver process under N.J.S.A. 2A:4A-26.1 and notes that there are fundamental distinctions between juvenile court ... delinquent act of possessing a firearm under circumstances that satisfied N.J.S.A. 2A:4A-26.1(c)(2)(j). Probable cause is not a high bar ... Two weeks later, the State filed a motion pursuant to N.J.S.A. 2A:4A-26.1 to waive juvenile court jurisdiction and to transfer the case ... of discretion. The waiver statute provides for reverse waiver, see N.J.S.A. 2A:4A-26.1(f), and the Appellate Division’s opinion in this case ... certain serious offenses” through the waiver process set forth in N.J.S.A. 2A:4A-26.1. See State in Int. of N.H., 226 N. ...

docket:	a-41-42-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-22
status:
citation:
Document Size:	45505