Kenneth Vercammen is author of the ABA "Criminal Law Forms" book.
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Wednesday, September 9, 2015

STATE OF NEW JERSEY IN THE INTEREST OF N.H., A JUVENILE A-0433-14T2

STATE OF NEW JERSEY IN THE INTEREST OF N.H., A JUVENILE 
A-0433-14T2 

The court considered at what point in the proceedings a juvenile was entitled to full and complete discovery. The trial court ordered that the State provide full and complete discovery based upon the filing of the complaint. The State, predicated upon its motion for waiver subsequent to the complaint, argued the juvenile was only entitled to limited discovery or that relevant to defend against the waiver application. The State would determine the scope of the discovery for that purpose. The court concluded that in the absence of a specific discovery statute or rule, a juvenile's right to discovery vests at a critical stage in the proceeding; upon the filing of the complaint. 

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