Legal Opinion

In re State

New Jersey Superior Court Appellate Division

Decided March 5, 2018No. DOCKET NO. A–1713–17T1PublishedCited by 1 opinion

1Opinion of the Court

ACCURSO, J.A.D.

*420*451We granted N.C. leave to appeal from the Law Division's order directing the Office of the Public Defender to obtain and pay for the competency evaluation the court determined was required before the State could proceed against him on two juvenile complaints. We now reverse and remand 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.

N.C., fourteen years old, was charged in two juvenile complaints with delinquency for conduct that would have constituted first-degree aggravated sexual assault,…

2Cases cited25 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Pate v. RobinsonSupreme Court of the United States · 1966
  3. Drope v. MissouriSupreme Court of the United States · 1975
  4. Estelle v. SmithSupreme Court of the United States · 1981
  5. State v. HarrisSupreme Court of New Jersey · 2004

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3Cited by1 opinion

  1. STATE OF NEW JERSEY IN THE INTEREST OF J.C. (FJ-06-0057-18, CUMBERLAND COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2019

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