· 2/8/1995
State v. Nwobu
Citations
- 652 A.2d 1209
- 139 N.J. 236
- 1995 N.J. LEXIS 12
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a prosecutor's failure to consider all relevant factors constitutes a patent and gross abuse of prosecutorial discretion
- noting that \appropriate administration of the [PTI] program militates against basing enrollment upon the weight of the evidence of guilt\ (citation 16 A-3906-11T4 omitted)
- emphasizing that the defendant's second-degree charge was \the single most important factor\ in overcoming the presumption against PTI, and the defendant must establish \compelling reasons\ for admission into PTI
- holding a \prosecutor [may] adopt the PTI director's reasoning as his own\
- noting \an error in applying guidelines to the facts of the case must be 'clearly unreasonable so as to shock the judicial conscience'\ to qualify as a \clear error in judgment\
- defendant's completion of pretrial intervention program while appeal was pending did not preclude reversal of trial court's decision admitting him into the program, and defendant could be prosecuted on the original charges
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Hern
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.