Search Rutgers Law Library N.J. Court Opinions

61 STATE OF NEW JERSEY v. JUAN CASTILLO -- rank: 553

... Jury Charges (Criminal), 'Intoxication Negating an Element of the Offense (N.J.S.A. 2C:2-8(a))' (rev. Oct. 18, 2005) and Model Jury Charges (Criminal ... Intoxication on Jury's Consideration of Lesser Offenses Involving Recklessness (N.J.S.A. 2C:2-8(b))' (approved Feb. 27, 1989). In summation, counsel relied on ...

docket:	a0639-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-13
status:	Unpublished
citation:
Document Size:	11550

62 STATE OF NEW JERSEY v. MITCHELL WEST -- rank: 540

... was a basis for a "hybrid" defense based on intoxication, N.J.S.A. 2C:2-8, and diminished mental capacity, N.J.S.A. 2C:4 ...

docket:	a2049-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-19
status:	unpublished
citation:
Document Size:	29006

63 STATE OF NEW JERSEY v. GIOVANNI SOTOMAYOR -- rank: 525

... defendant's intoxication because it implicated the intoxication defense, see N.J.S.A. 2C:2-8, which defendant had not pled. Initially, the judge ruled that ...

docket:	a3400-03
court:	njappellate
decided:	2007-11-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	60150

64 STATE OF NEW JERSEY v. ARTHUR TIGGS -- rank: 515

... those mental states. Cameron , supra , 104 N.J. at 53; N.J.S.A. 2C:2-8. "[T]he intoxication must be of an extremely high level ...

docket:	a1041-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	24185

65 STATE OF NEW JERSEY v. KENNETH B. MOSLEY, JR -- rank: 512

... State v. Munroe , 210 N.J. 429 , 442 (2012) . Under N.J.S.A. 2C:2-8(a), self-intoxication permits evidence of intoxication as a defense ...

docket:	a2255-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-04
status:	unpublished
citation:
Document Size:	26381

66 STATE OF NEW JERSEY v. LAWRENCE YOUNG -- rank: 506

... a defense unless it negatives an element of the offense." N.J.S.A. 2C:2-8(a). Evidence of intoxication can be "a defense to crimes ...

docket:	a5137-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	24356

67 STATE OF NEW JERSEY v. SHAWN MORELLO -- rank: 503

... capable of formulating the necessary intent regardless of his BAC. N . J . S . A . 2C:2-8 permits evidence of intoxication "caused by substances which the actor ...

docket:	a1314-11
court:	NJ Superior Court Appellate Division
decided:	2013-07-24
status:	unpublished
citation:
Document Size:	34680

68 STATE OF NEW JERSEY v. E.M -- rank: 496

... victims' testimony that everyone had been drinking that evening. See N.J.S.A. 2C:2-8 (requiring a defendant to meet the "prostration of faculties" test ...

docket:	a4851-08
court:	superior court appellate division
decided:	2010-12-20
status:	Unpublished
citation:
Document Size:	18625

69 STATE OF NEW JERSEY v. RICKY JONES 20, 2012 -- rank: 487

... defense based on intoxication negating an element of the offense, N.J.S.A. 2C:2-8, addressed capacity, or ability, to entertain the state of mind ...

docket:	a0432-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	unpublished
citation:
Document Size:	22005

70 STATE OF NEW JERSEY v. GIOVANNY GARCIA -- rank: 468

... parole supervision pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:2-8, which defines "intoxication" as "a disturbance of mental or physical ...

docket:	a0864-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-08
status:	unpublished
citation:
Document Size:	24632

71 STATE OF NEW JERSEY v. TIMOTHY J LADD -- rank: 465

... the meaning of" N.J.S.A. 2C:4-2. N.J.S.A. 2C:2-8(c). However, voluntary intoxication can provide a defense if the ...

docket:	a1215-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-31
status:	unpublished
citation:
Document Size:	19137

72 STATE OF NEW JERSEY v. RONNIE BETHEA -- rank: 465

... intoxication is a defense to a purposeful or knowing crime, N.J.S.A. 2C:2-8(a), the intoxication must be of "an extremely high level ...

docket:	a2089-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-03
status:	unpublished
citation:
Document Size:	18783

73 IN THE MATTER OF ALBERTO APONTE ESSEX COUNTY DEPARTMENT OF CORRECTIONS -- rank: 465

... been aware had he been sober, such unawareness is immaterial.' N.J.S.A. 2C:2-8(b). [Id. at 161-62 (alteration in original).] Aponte was ...

docket:	a1782-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-20
status:	Unpublished
citation:
Document Size:	11322

74 STATE OF NEW JERSEY v. DENNIS NEWELL -- rank: 452

... he did not know what he was doing was wrong." N.J.S.A. 2C:2-8(d). Furthermore, pathological intoxication is defined as "intoxication grossly excessive ... to which the actor does not know he is susceptible." N.J.S.A. 2C:2-8(e)(3). Here, defendant clearly knew that he was susceptible ...

docket:	a4072-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	8506

75 STATE OF NEW JERSEY v. STEVEN B. McNEIL -- rank: 437

... a defense when it negatives an element of the crime. N.J.S.A. 2C:2-8. "[W]hen the requisite culpability for a crime is that ...

docket:	a4784-04
court:	njappellate
decided:	2007-01-30
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	40570