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31 STATE OF NEW JERSEY v. WALLACE GASKINS -- rank: 676

... of first-degree aggravated manslaughter (count one), 1 contrary to N.J.S.A. 2C:11-4; first-degree attempted murder (count two), contrary to N.J ... 2009, Owens pled guilty to second-degree manslaughter, contrary to N.J.S.A. 2C:11-4(b). Gaskins sought to introduce portions of the factual basis ... in that it subjected him to conviction for manslaughter under N.J.S.A. 2C:11-4. However, he was not asked about the circumstances under which ... the plea bargain called for a plea to reckless manslaughter, N.J.S.A. 2C:11-4(b), a second-degree crime. Had Owens also admitted that ... he would have been subject to conviction for aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), which is a crime of the first-degree ... than the maximum normally available for a first-degree crime. N.J.S.A. 2C:11-4(c); N.J.S.A. 2C:43-6(a)( ...

docket:	a4936-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-25
status:	unpublished
citation:
Document Size:	51878

32 STATE OF NEW JERSEY v. ABRAHAM ROMAN -- rank: 674

... Roman appeals from his convictions for second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and third-degree theft, N.J.S.A ... causes death under circumstances manifesting extreme indifference to human life.' N.J.S.A. 2C:11-4(a)(1). The State must prove three elements beyond a ... indifference to human life. Model Jury Charge (Criminal), 'Aggravated Manslaughter (N.J.S.A. 2C:11-4(a))' (rev. Mar. 22, 2004). Reckless manslaughter requires the State ... Model Jury Charge (Criminal), 14 A-5498-15T2 'Reckless Manslaughter (N.J.S.A. 2C:11-4(b)(1))' (rev. Mar. 22, 2004). The difference between aggravated ... probability, of death. See Model Jury Charge (Criminal), 'Aggravated Manslaughter (N.J.S.A. 2C:11-4(a))' (rev. Mar. 22, 2004) (differentiating between aggravated and reckless ... would not have died.' Model Jury Charge (Criminal), 'Aggravated Manslaughter (N.J.S.A. 2C:11-4(a))' (rev. Mar. 22, 2004); see also Model Jury ...

docket:	a5498-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-12
status:	unpublished
citation:
Document Size:	66983

33 STATE OF NEW JERSEY v. RASHAUN BELL -- rank: 667

... by charging the defendant, as appropriate, with aggravated manslaughter under N.J.S.A. 2C:11-4, reckless vehicular homicide under N.J.S.A. 2C:11 ...

docket:	a1971-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-06
status:	Unpublished
citation:
Document Size:	35036

34 STATE OF NEW JERSEY v. TROY A. WHYE -- rank: 665

... about murder's lesser-included offense of passion-provocation manslaughter, N.J.S.A. 2C:11-4(b)(2). This is not a case where a defendant ... murder, together with the lesser-included offenses of aggravated manslaughter, N.J.S.A. 2C:11-4(a)(1), and reckless manslaughter, N.J.S.A. 2C:11-4(b)(1). The court also instructed the jury on self ... in the heat of passion resulting from a reasonable provocation." N.J.S.A. 2C:11-4(b)(2). Where the record contains evidence of passion-provocation ...

docket:	a3910-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-26
status:	unpublished
citation:
Document Size:	49683

35 State of New Jersey v. Naquan O’Neil -- rank: 665

... and manslaughter -- offenses that are predicated on reckless conduct. See N.J.S.A. 2C:11-4(a)(1) (defining aggravated manslaughter as “recklessly caus[ing] death under circumstances manifesting extreme indifference to human life”); N.J.S.A. 2C:11-4(b)(1) (defining manslaughter as “recklessly” causing death). The ... recklessly caused the death of another human being. Ibid. (citing N.J.S.A. 2C:11-4(a)(1), (b)(1)). Accordingly, the Code’s plain language ...

docket:	A-68-12
court:	NJ Supreme Court
decided:	2014-10-06
status:
citation:	219 N.J. 598 99 A.3d 814
Document Size:	77524

36 /usr/local/share/www/libweb/collections/courts/appellate/a0805-18.opn.html -- rank: 665

... guilty on two counts of reckless manslaughter, in violation of N.J.S.A. 2C:11-4(b)(1). She appeals from the judgment of conviction dated ... criminal homicide constitutes manslaughter when '[i]t is committed recklessly.' N.J.S.A. 2C:11-4(b)(1). The Criminal Code also states that A person ... the defendant was charged with first-degree aggravated manslaughter under N.J.S.A. 2C:11-4(a). Id. at 575. The trial judge instructed the jury ... the lesser-included offenses of second-degree reckless manslaughter under N.J.S.A. 2C:11-4(b)(1) and third-degree death by auto under N ... an indictment and conviction for manslaughter under the provisions of N.J.S.[A.] 2C:11- 4. If an indictment for manslaughter is brought in a case ... 5(b). Reckless manslaughter also is a second-degree offense. N.J.S.A. 2C:11-4(c). Thus, vehicular homicide is not a lesser-included ...

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37 /usr/local/share/www/libweb/collections/courts/appellate/a4010-17.opn.html -- rank: 665

... 346 N.J. Super. 198, 212 (App. Div. 2001) (citing N.J.S.A. 2C:11-4(b)(2)).] Thus, to establish passion/provocation manslaughter, 'the provocation ... least [eighteen] years of age and . . . been previously convicted of . . . [N.J.S.A.] 2C:11-4,' among other crimes, and 'used or possessed a firearm, as ... reveals that in 2005, defendant pled guilty to reckless manslaughter, N.J.S.A. 2C:11-4, in connection with a robbery. The original indictment charged defendant ... he acts recklessly, causing the death of another human being. N.J.S.A. 2C:11-4(b)(1). A killing will be considered to constitute aggravated ... recklessly and 'under circumstances manifesting extreme indifference to human life.' N.J.S.A. 2C:11- 4(a)(1). A defendant acts recklessly when he or she ...

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38 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 665

... S.A. 2C:3-4 to -8; and passion/provocation, N.J.S.A. 2C:11-4. We are particularly concerned by the imposition of a clear ...

docket:	A3736-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:	380 N.J. Super. 1 880 A.2d 468
Document Size:	216489

39 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 665

... S.A. 2C:3-4 to -8; and passion/provocation, N.J.S.A. 2C:11-4. We are particularly concerned by the imposition of a clear ...

docket:	A3737-04
court:	NJ Superior Court Appellate Division
decided:	2005-08-17
status:	published
citation:
Document Size:	216466

40 /usr/local/share/www/libweb/collections/courts/appellate/a2965-18.opn.html -- rank: 662

... not include a rational basis for an aggravated manslaughter charge. N.J.S.A. 2C:11-4(a)(1) defines aggravated manslaughter as 'recklessly caus[ing] death ...

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41 STATE OF NEW JERSEY v. KEVIN M. CAMPFIELD -- rank: 662

... 15-1 (Count Three); first-degree aggravated manslaughter, contrary to N.J.S.A. 2C:11-4(a) (Count Four); second-degree reckless manslaughter, contrary to N.J.S.A. 2C:11-4(b) (Count Five); second-degree aggravated assault, contrary to N ... can be aggravated, reckless, or passion/provocation manslaughter pursuant to N.J.S.A. 2C:11-4(a), (b)(1), or (b)(2), respectively. Campfield pled guilty ...

docket:	a5618-07
court:	NJ Superior Court Appellate Division
decided:	2011-06-28
status:	unpublished
citation:
Document Size:	77734

42 STATE OF NEW JERSEY v. KENNETH M. WATFORD a/k/a KENNETH WATFORD, DAKEE B MUKHWANNA and EUGENE WATFORD -- rank: 662

... the following day, finding defendant guilty of passion/provocation manslaughter, N.J.S.A. 2C:11-4(b)(2); possession of a weapon for an unlawful purpose ... in the heat of passion resulting from a reasonable provocation." N.J.S.A. 2C:11-4(b)(2). "Passion/provocation manslaughter has four elements: the provocation ...

docket:	a2990-11
court:	New Jersey Superior Court Appellate Division
decided:	2016-04-04
status:	Published
citation:
Document Size:	51829

43 STATE OF NEW JERSEY v. COREY K. MANDERVILLE -- rank: 662

... State offered to let defendant plead guilty to reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), with no specific sentencing recommendation, within the range ...

docket:	a3684-09
court:	NJ Superior Court Appellate Division
decided:	2013-09-11
status:	unpublished
citation:
Document Size:	126418

44 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 660

... jury trial, defendant was convicted of second-degree reckless manslaughter, N.J.S.A. 2C:11-4(b)(1), and sentenced to a six-year term of ... Criminal homicide constitutes manslaughter when . . . [i]t is committed recklessly . . . .' N.J.S.A. 2C:11-4(b)(1). 'Under the Code, exoneration on the basis of ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

45 State v. Keith V. Cuff -- rank: 658

... provocation.’” 210 N.J. at 378- 79 (quoting N.J.S.A. 2C:11-4(b)(2)). There, the verdict sheet submitted to the jury ... guilt or innocence on the murder charge, as required by N.J.S.A. 2C:11-4(b)(2) and State v. Coyle, 119 N.J. 194 ...

docket:	a-79-17
court:	NJ Supreme Court
decided:	2019-08-06
status:
citation:	--- A.3d ----
Document Size:	94982