STATE EX REL. A.S.

A-58/59 September Term 2009.

999 A.2d 1136 (2010)

203 N.J. 131

STATE of New Jersey in the Interest of A.S.

Supreme Court of New Jersey.

Decided July 29, 2010.


Attorney(s) appearing for the Case

Leslie-Ann M. Justus, Deputy Attorney General, argued the cause for appellant (Paula T. Dow, Attorney General, attorney; Ms. Justus, of counsel; Ms. Justus and Paul A. Heinzel, Deputy Attorney General, on the briefs).

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Joseph F. Suozzo, First Assistant Child Advocate, submitted a brief amicus curiae on behalf of the Office of the Child Advocate of New Jersey.


Justice LaVECCHIA delivered the opinion of the Court.

A.S., a fourteen year old with an I.Q. of 83 and who could read only at a third-grade level, was adjudicated delinquent for conduct that, if committed by an adult, would constitute first-degree aggravated sexual assault. On appeal, she challenged the circumstances under which she was provided her constitutional warnings and then was subjected to police interrogation. The Appellate Division found that although A...

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