Legal Opinion
State ex rel. J.L.W.
New Jersey Superior Court Appellate Division
Decided October 25, 1989PublishedCited by 8 opinions
1Opinion of the Court
The opinion of the court was delivered by
BRODY, J.A.D.
On the basis of an adverse inference drawn from the State’s failure to call a witness at a referral hearing, a Family Part judge determined that the evidence did not present probable cause to believe that the juvenile, J.L.W., had committed the offenses with which he has been charged. We granted the State leave to appeal and now hold that when determining probable cause a judge is limited to a consideration of the evidence presented, including its adequacy, and may not infer that the testimony of witnesses the State declined to produce…
2Cases cited6 opinions
- State v. ClawansSupreme Court of New Jersey · 1962
- State v. De SimoneSupreme Court of New Jersey · 1972
- State v. R.G.D.Supreme Court of New Jersey · 1987
- State v. DarbyNew Jersey Superior Court Appellate Division · 1984
- State v. McAllisterNew Jersey Superior Court Appellate Division · 1986
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. T.M.New Jersey Superior Court Appellate Division · 2010
- State ex rel. B.G.New Jersey Superior Court Appellate Division · 1991
- State in Interest of BGNew Jersey Superior Court Appellate Division · 1991
- STATE IN THE INTEREST OF E.S. (FJ-20-0380-21, UNION COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021
- STATE OF NEW JERSEY VS. FELIX RIVERA (17-05-0325, UNION COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
3 more not listed; retrieve them via the Exa API.