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Sunday, January 16, 2022

State v. James C. Zarate (084516)(Morris County and Statewide) (A-43-20;

 State v. James C. Zarate (084516)(Morris County and Statewide) (A-43-20; 084516)

*The statutory framework for sentencing juveniles, if not addressed, will contravene Article I, Paragraph 12 of the State Constitution. To remedy the concerns defendants raise and save the statute from constitutional infirmity, the Court will permit juvenile offenders convicted under the law to petition for a review of their sentence after they have served two decades in prison. At that time, judges will assess a series of factors the United States Supreme Court has set forth in Miller v. Alabama, which are designed to consider the "mitigating qualities of youth." 567 U.S. 460, 476-78 (2012).