Search Rutgers Law Library N.J. Court Opinions

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

... dismissed the charges against J.C. with prejudice pursuant to N.J.S.A. 2C:4- 6(c), and granted the State's request for a stay ... the judge failed to consider the factors set forth in N.J.S.A. 2C:4-6. Defense counsel counters that the trial judge performed the appropriate N.J.S.A. 2C:4-6(c) analysis and determined the charges should be dismissed with ... J. Super. at 510. Our trial courts are guided by N.J.S.A. 2C:4-6(c) in determining whether charges against a defendant who has ... held in abeyance or dismissed. See id. at 510-11. N.J.S.A. 2C:4-6(c) provides, in part, as follows: There shall be a ... brought to trial.' After analyzing the factors set forth in N.J.S.A. 2C:4-6(c), the trial judge concluded 'justice, and fairness, and ...

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status:	Unpublished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

2 /usr/local/share/www/libweb/collections/courts/appellate/a4135-16.opn.html -- rank: 969

... v. Hester, 233 N.J. 381, 387-88 (2018) (citing N.J.S.A. 2C:4-6.4).2 PSL is 'deemed to be a term of ...

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court:	NJ Superior Court Law/Chancery Division
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3 STATE OF NEW JERSEY v. D.L. -- rank: 889

... Law Division order dismissing an indictment with prejudice pursuant to N.J.S.A. 2C:4-6(c), which authorizes such dismissal when the court determines the ... either party contested the report's findings as permitted under N.J.S.A. 2C:4-6(a). Thus, based on the report, on June 29, 2018 ... impairment,' 'put[] into question whether . . . his 4 In accordance with N.J.S.A. 2C:4-6(c), requiring the court to hold a hearing to determine ... at least attempting to restore competency.' The prosecutor noted that N.J.S.A. 2C:4-6(b) authorized the court to place a defendant in an ... listing' while released, and had no prior record, she 6 N.J.S.A. 2C:4-6(b) provides in pertinent part '[i]f the court determines ... have to be in an out- patient setting pursuant to N.J.S.A. 2C:4-6(b). On April 25, 2019, defendant moved to compel ...

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status:	Unpublished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

4 STATE OF NEW JERSEY VS. T.J.G. -- rank: 870

... with prejudice based on a finding of incompetency pursuant to N.J.S.A. 2C:4-6(c).1 On appeal, the State argues the court abused ... was a danger to himself, others, and property, pursuant to N.J.S.A. 2C:4-6(b). On May 11, 2022, a Union County grand jury ... testimony as credible and weighing the factors set forth in N.J.S.A. 2C:4-6(c), the court found 'continuing the criminal prosecution under the ... to the defendant.' A-3012-22 6 And, relying on N.J.S.A. 2C:4-6(c), the court concluded 'defendant has been hospitalized for more ... future, not only a proper subject for pretrial commitment under N.J.S.A. 2C:4-6 but also civil commitment pursuant to [Rule] 4:74-7 ... constitutionally significant injury in this case. Weighing the factors under N.J.S.A. 2C:4-6(c), the State also argues that there is 'always ...

docket:	a3012-22
court:	appellate
decided:	2024-04-02
status:	Unpublished
citation:
Document Size:	30242

5 STATE OF NEW JERSEY v. PAUL MOYA -- rank: 834

... that the judge conducted a competency hearing as required by N.J.S.A. 2C:4-6 and State v. Spivey , 65 N.J. 21 (1974). The ... J.S.A. 2C:4-4 determination and for a N.J.S.A. 2C:4-6 conclusion that a defendant may be safely and unconditionally released ...

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

6 State v. June Gorthy -- rank: 801

... will be civilly committed or released, with or without conditions. N.J.S.A. 2C:4-6(b). 1 When, as here, a court declares a defendant ... in an out-patient setting or release is appropriate[.]” N.J.S.A. 2C:4-6(b). Should the defendant fail to regain competency within three ... shall be dismissed with prejudice or held in abeyance.” N.J.S.A. 2C:4-6(c). 2 When, as in this case, defense counsel informs ...

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

7 STATE OF NEW JERSEY v. CARLOS CAMPOS -- rank: 790

... 16T1 Judge Young next looked to the factors enumerated in N.J.S.A. 2C:4-6(c) to determine whether defendant's criminal charges should continue ... foreseeable future. The charges are dismissed with prejudice pursuant to N.J.S.A. 2C:4-6(c). Defendant presently poses a substantial risk to the safety ... misconstrued or failed to consider all the factors enumerated in N.J.S.A. 2C:4-6(c) in dismissing the charges against defendant rather than holding ... charges against him or her 'shall be held in abeyance.' N.J.S.A. 2C:4-6(c). The presumption can be overcome only if the court ... assertion, Judge Young carefully considered all the factors enumerated in N.J.S.A. 2C:4-6(c). He determined, based upon all the evidence before him ... holding 'a criminal indictment shall be dismissed with prejudice under N.J.S.A. 2C:4-6(c) when it is determined that an adequate period ...

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

8 /usr/local/share/www/libweb/collections/courts/appellate/a5136-17.opn.html -- rank: 790

... or if the parties contest the findings of the report. N.J.S.A. 2C:4-6(a). Once the issue of competency has been raised, the ...

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9 STATE OF NEW JERSEY v. ROBERT HANDY -- rank: 768

... the New Jersey Criminal Law Revision Commission , comment 6 on N.J.S.A. 2C:4-6 (1979). It was intended to address concerns stemming from the ...

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

10 STATE OF NEW JERSEY v. DANIEL J. DINNEBEIL -- rank: 730

... sentence without first conducting a competency hearing. He contends that N.J.S.A. 2C:4-6 and related case law require competency hearings when a party ... proceed has been questioned, the court must determine the issue. N.J.S.A. 2C:4-6(a). The following procedures must be followed when a defendant ... about defendant's competence] on the basis of such report." N.J.S.A. 2C:4-6(a). If "the finding is contested or if there is ... not required to "hold a hearing on the issue." See N.J.S.A. 2C:4-6(a); see also Harris , supra , 181 N.J. at 458 ...

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

11 State of New Jersey v. William E. Rivera -- rank: 713

... trial, “the proceeding against him shall be suspended[.]” N.J.S.A. 2C:4- 6(b). If it also is found that “the defendant ...

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

12 STATE OF NEW JERSEY, v. J.D., -- rank: 680

... civilly-committed. See N.J.S.A. 2C:4-5; N.J.S.A. 2C:4-6(b). There are no statutory provisions that contemplate or require ... and to dismiss the indictment against J.D. pursuant to N.J.S.A. 2C:4-6(c). Those issues will be addressed in a separate statement ...

docket:	20-09-75
court:	NJ Superior Court Appellate Division
decided:	2024-01-10
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citation:
Document Size:	34080

13 STATE OF NEW JERSEY v. C.H.J., Jr -- rank: 669

... proceedings conducted pursuant to this section and pursuant to section [ N.J.S.A.] 2C:4-6 concerning a defendant who lacks the fitness to proceed, including ...

docket:	a4120-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-15
status:	Unpublished
citation:
Document Size:	35252

14 /usr/local/share/www/libweb/collections/courts/appellate/a1771-19.opn.html -- rank: 666

... 4-4, N.J.S.A. 2C:4-5, and N.J.S.A. 2C:4-6.' Id. at 6. However, because 'Terranova's report did not ...

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15 STATE OF NEW JERSEY v. R.H -- rank: 650

... defendant attributable to undue delay in being brought to trial." N.J.S.A. 2C:4-6(c). Having considered the record on appeal and the applicable ... reviewing the evidence in light of the seven statutory factors, N.J.S.A. 2C:4 6(c), the judge dismissed the complaint. On appeal, the State ... the statute by overlooking the presumption against dismissal expressed in N.J.S.A. 2C:4-6(c), and by finding a constitutionally significant injury. We do ... not abuse his discretion in dismissing the indictment pursuant to N.J.S.A. 2C:4-6(c). See State v. Warmbrun , 277 N.J. Super. 51 ... that the trial judge abused his discretion in concluding the N.J.S.A. 2C:4-6(c) factors had been met and dismissing the indictment. The ...

docket:	a4743-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-06-19
status:	Published
citation:
Document Size:	21658