cdTOCtest

defined in N.J.S.A. 2C:33-4a, b or c committed with a motive of bias. In rejecting claims that the statute was overbroad or infr ...

violence “if he could” lacked sufficient basis for establishing that he had intended to harass the victim and, in any event, thi ...

HINDERINGHINDERINGHINDERINGHINDERINGHINDERING N.J.S.A. 2C:29-3 bifurcates the crime of hindering into two sections. Section a ou ...

HOMICIDEHOMICIDEHOMICIDEHOMICIDEHOMICIDE (See also CAPITAL PUNISHMENT, COMPLIC- ITY, DEFENSES, INSANITY/DIMINISHED CAPACITY, INT ...

than one predicate felony, it need not be unanimous on which felony forms the basis of the felony murder conviction. State v. Ha ...

murder. The court rejected the defendant’s argument that because the fetus was born alive only as a result of medical science an ...

vehicle under circumstances manifesting extreme indifference to human life. The relevant “circumstances” are those which occurre ...

1999), certif. denied, 164 N.J. 189 (2000). For mutual combat to constitute adequate provocation, the retaliation must be propor ...

reversible error in a charge on passion/provocation manslaughter is not rendered harmless by virtue of the defendant’s acquittal ...

C. Felony Murder In felony murder cases, courts should instruct juries that they may not convict a defendant of felony murder un ...

State must prove that the defendant operated his vehicle recklessly by consciously disregarding a substantial and unjustifiable ...

motion to vacate the defendant’s DWI conviction. On retrial, the jury acquitted the defendant of aggravated manslaughter but con ...

sentence the defendant to a term of imprisonment which shall include a parole disqualifier of one-third to one-half the sentence ...

Where an in-court identification is challenged as the tainted product of an improper out-of-court identifica- tion procedure, th ...

the lineup was “conducted fairly and without unnecessary suggestiveness,” no violation of due process has occurred. State v. Mus ...

crime and as certain in his identification. State v. Nunez, 209 N.J. Super. 127 (App. Div. 1986). A photographic array that depi ...

prove beyond a reasonable doubt that it was defendant who was the assailant, 2) it is not defendant’s burden to prove that he wa ...

Division rejected defendant’s claim that an identification charge should have been given, noting that not only was the charge no ...

any criminal proceeding, except those involving perjury or false swearing. N.J.S.A. 2A:81-17.2a(2); N.J.S.A. 2A:81-17.3. N.J.S.A ...

Constitution and the laws of New Jersey. The trial court, relying on United States v. Doe, 465 U.S. 605 (1984), denied the motio ...