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State Courts -
New Jersey - July 27 - July 31, 2006
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State In Interest of T.A., DOCKET NO. A-2420-04T4,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 27, 2006, Decided
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Overview: Absent a juvenile's express waiver, a pre-disposition report had to be prepared in every juvenile delinquency matter, pursuant to N.J. Stat. Ann. § 2C:44-6, before the disposition could occur. In a case wherein such report was not waived, the adjudication of delinquency was affirmed, with the case remanded for reconsideration of the disposition.
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State v. Cabrera, DOCKET NO. A-6797-02T2,
SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION, July 31, 2006, Decided
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Overview: Any violation of the Vienna Convention, art. 36, in questioning a foreign national was no basis to suppress evidence, develop independent state law rules, or depart from New Jersey law. Defendant could contest his confession's voluntariness under Article 36, but his claim would be unsuccessful as his consulate was notified and Miranda was observed.
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