STATE v. COMER

A-42 September Term 2020. A-43 September Term 2020 084509 and 084516.

266 A.3d 374 (2022)

249 N.J. 359

STATE of New Jersey, Plaintiff-Respondent, v. James COMER, a/k/a James B. Comer and James F. Comer, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. James C. Zarate, a/k/a Navajas Zarate, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 10, 2022.


Attorney(s) appearing for the Case

Lawrence S. Lustberg , Newark, argued the cause for appellant in State v. Comer (A-42-20) (Gibbons, American Civil Liberties Union of New Jersey Foundation, and Lone Star Justice Alliance, attorneys; Lawrence S. Lustberg , Alexander Shalom , Jeanne LoCicero , and Avram D. Frey , on the briefs).

Frank J. Ducoat , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent in State v. Comer (A-42-20) ( Theodore N. Stephens, II , Acting Essex County Prosecutor, attorney; Frank J. Ducoat , of counsel and on the briefs).

Alyssa Aiello , Assistant Deputy Public Defender, argued the cause for appellant in State v. Zarate (A-43-20) ( Joseph E. Krakora , Public Defender, attorney; Alyssa Aiello , of counsel and on the briefs).

John McNamara, Jr. , Chief Assistant Prosecutor, argued the cause for respondent in State v. Zarate (A-43-20) ( Robert J. Carroll , Morris County Prosecutor, attorney; John McNamara, Jr. and Jessica Marshall , Assistant Prosecutor, on the briefs).

Joseph J. Russo , Deputy Public Defender, argued the cause for amicus curiae Public Defender of New Jersey in State v. Comer (A-42-20) ( Joseph E. Krakora , Public Defender, attorney; Alicia J. Hubbard , of counsel and on the brief).

Jennifer E. Kmieciak , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey in State v. Comer (A-42-20) ( Andrew J. Bruck , Acting Attorney General, attorney; Jennifer E. Kmieciak , of counsel and on the brief, and Lauren Bonfiglio , Deputy Attorney General, on the brief).

Dillon J. McGuire , Hackensack, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey in State v. Comer (A-42-20) (Pashman Stein Walder Hayden, attorneys; CJ Griffin , of counsel and on the brief, and Dillon J. McGuire , on the brief).

Natalie J. Kraner argued the cause for amici curiae Campaign for the Fair Sentencing of Youth, Incarcerated Children's Advocacy Network, New Jersey Parents' Caucus, Transformative Justice Initiative, The Beyond the Blindfold of Justice Project, Formerly Incarcerated Youth, and New Jersey Incarcerated Youth in State v. Comer (A-42-20), and State v. Zarate (A-43-20) ( Lowenstein Sandler , and The Rutgers Criminal and Youth Justice Clinic, attorneys; Natalie J. Kraner , Anthony J. Cocuzza , Stephanie Ashley , Laura Cohen , Elana Wilf , and Tyler Dougherty , on the brief).

Carol M. Henderson , Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey in State v. Zarate (A-43-20) ( Andrew J. Bruck , Acting Attorney General, attorney; Carol M. Henderson , of counsel and on the brief, and Jennifer E. Kmieciak and Lauren Bonfiglio , Deputy Attorneys General, on the brief).

Alexander Shalom , Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey in State v. Zarate (A-43-20) (Gibbons, American Civil Liberties Union of New Jersey Foundation, and Lone Star Justice Alliance, attorneys; Lawrence S. Lustberg , Alexander Shalom , Jeanne LoCicero , and Avram D. Frey , on the brief).

Rachel E. Simon argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey in State v. Zarate (A-43-20) (Pashman Stein Walder Hayden, attorneys; Aidan P. O'Connor , of counsel and on the brief, and Darcy Baboulis-Gyscek , on the brief).


This appeal raises challenging questions about the constitutional limits that apply to sentences for juvenile offenders.

The law recognizes what we all know from life experience — that children are different from adults. Children lack...

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