STATE v. J.V.

A-95 September Term 2018 082507.

231 A.3d 710 (2020)

242 N.J. 432

STATE of New Jersey, Plaintiff-Appellant, v. J.V., Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 11, 2020.

Revised June 12, 2020.


Attorney(s) appearing for the Case

Carol M. Henderson , Assistant Attorney General, argued the cause for appellant ( Gurbir S. Grewal , Attorney General, attorney; Carol M. Henderson, Trenton, of counsel and on the briefs).

Michele E. Friedman , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney; Michele E. Friedman , of counsel and on the briefs).

John McNamara, Jr. , Chief Assistant Morris County Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey ( Francis Koch , President, attorney; John McNamara, Jr. , of counsel and on the brief).

Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero , on the brief).

Barry Evenchick , Hackensack, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin , of counsel and on the brief).


In 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 waived to adult court, pled guilty, and was sentenced before the statute became effective. The Appellate Division found retroactivity and concluded...

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