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9 New Jersey opinions name it 2 courts 2017–2019 0 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Shaquille A. Nance State v. Taja L. Willis Bolton State v. Alvin D. Williams(076626)green2 sentences2019Finally, although N.J.S.A. 2C:43-6.2 authorizes the prosecutor to refer a case to the Assignment Judge for a waiver of the mandatory sentence in a Graves Act offense, State v. Nance, 228 N.J. 378, 394 (2017), in this case the prosecutor did not make such a referral. 2017Comm., Statement to S. No. 827 (1988); see also Assembly Judiciary Comm., Statement to S. No. 827 (1988). [State v. Nance, 228 N.J. 378, 391 (2017).] Section 6.2 authorizes a prosecutor to move before the Assignment Judge for a waiver of the Graves Act's mandatory minimum term of incarceration for certain first-time offenders. | 2 | 2 |
State v. Kassey Benjamin(076612)green2 sentences2019The sentencing court may also refer a case of a defendant who has not previously been convicted of an offense under that subsection to the assignment judge, with the approval of the prosecutor, if the sentencing court believes that the interests of justice would not be served by the imposition of a mandatory minimum term. [N.J.S.A. 2C:43-6.2 (emphasis added).] Thus, "[t]he relief that section 6.2 affords can arise in two ways: either the prosecutor makes a motion to the assignment judge for a waiver of the mandatory minimum penalty, or the sentencing judge refers the matter to the assignment j 2017In State v. Benjamin, 228 N.J. 358 (2017), a case decided the same day as Nance, the Supreme Court explained: 6 A-3718-15T1 The relief that section 6.2 affords can arise in two ways: either the prosecutor makes a motion to the assignment judge for a waiver of the mandatory minimum penalty, or the sentencing judge refers the matter to the assignment judge if the prosecutor approves the referral. | 1 | 2 |
State v. Cengizgreen1 sentence2019Super. at 147 ; see also State v. Cengiz, 241 N.J. | 1 | 1 |
State v. Mastapetergreen1 sentence2017In either scenario, the prosecutor must approve the waiver before the assignment judge or his or her designee imposes one of the two reduced penalties. [Id. at 368-69 (citations omitted).] The option available to a defendant who lacks the prosecutor's consent to the application of section 6.2 is to file an Alvarez2 motion "to appeal the denial of a waiver to the assignment judge upon a showing of patent and gross abuse of discretion by the prosecutor." Id. at 364 ; see, e.g., State v. Mastapeter, 290 N.J. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Alvarez
green
2 sentences2019If the prosecutor decides not to approve the use of the "escape valve," a defendant may move "'before the assignment judge or designated judge . . . for a . . . hearing as to whether the prosecutor's rejection or refusal is grossly arbitrary or capricious or a patent abuse of discretion.'" Alvarez, 246 N.J. 2019In order to do so, a defendant may move before the assignment judge for a hearing as to whether the prosecutor's rejection or refusal is "grossly arbitrary or capricious or a patent abuse of discretion." Alvarez, 246 N.J. | 2 | 2019–2019 |
State v. Towey
green
2 sentences2017Ibid. 2017Ibid. | 2 | 2017–2017 |
Rosenblum v. Borough of Closter
green
1 sentence2018In Rosenblum, we recognized the power of an Assignment Judge to bar future litigation "where a pattern of frivolous litigation can be demonstrated." 333 N.J. | 1 | 2018–2018 |
State v. Stewart
green
2 sentences2017Section 6.2 empowers the assignment judge (who may delegate his or her authority to the presiding judge of the Criminal Part) to “place the defendant on probation ... or reduce to one year the mandatory minimum term of imprisonment during which the defendant will be ineligible for parole.” Ibid. 2017Ibid. | 1 | 2017–2017 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.