Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. CLIVE HINDS -- rank: 792

... reduced from murder through application of the duress mitigation doctrine, N.J.S.A. 2C:2-9(a). Defendant was also convicted of conspiracy to commit the ... of manslaughter, N.J.S.A. 2C:11-4. See N.J.S.A. 2C:2-9(b) ('In a prosecution for murder, the defense is only ... tracks the model jury charge. Model Jury Charges (Criminal), 'Duress' ( N.J.S.A. 2C:2-9) (approved May 5, 1982). 'A jury charge is presumed to ... proved defendant was not under sufficient duress for purposes of N.J.S.A. 2C:2-9 when he agreed to commit kidnapping and murder, but that ...

docket:	a1635-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-30
status:	Unpublished
citation:
Document Size:	38493

17 STATE OF NEW JERSEY v. JOCELYN DAHTA -- rank: 786

... s opinion the 'defendant had a viable duress defense under N.J.S.A. 2C:2-9(a)'). Because Walter's letter provided no information establishing defendant ...

docket:	a1795-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-28
status:	Unpublished
citation:
Document Size:	39398

18 STATE OF NEW JERSEY v. ANTQUION MILLER -- rank: 764

... s opinion the 'defendant had a viable duress defense under N.J.S.A. 2C:2- 9[(]a[)]'). Defendant's counsel was not ineffective by failing to ...

docket:	a1634-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-11
status:	Unpublished
citation:
Document Size:	45582

19 STATE OF NEW JERSEY VS. TROY BUNERO -- rank: 751

... to charge the jury on the affirmative defense of duress, N.J.S.A. 2C:2-9(a). The State's leave to appeal was granted and ...

docket:	a3112-21
court:	appellate
decided:	2024-04-11
status:	Unpublished
citation:
Document Size:	12181

20 STATE OF NEW JERSEY v. CARLOS I. MENJIVAR -- rank: 738

... would have reduced the charge of murder to manslaughter. See N.J.S.A 2C:2-9(b) (explaining that '[i]n a prosecution for murder, the ...

docket:	a3742-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-07
status:	Unpublished
citation:
Document Size:	73322

21 STATE OF NEW JERSEY v. BASIM HENRY -- rank: 735

... also unavailing. To establish the affirmative defense of duress under N.J.S.A. 2C:2-9(a), a defendant must prove he was coerced to engage ...

docket:	a1647-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-21
status:	Unpublished
citation:
Document Size:	39536

22 /usr/local/share/www/libweb/collections/courts/appellate/a0254-18.opn.html -- rank: 722

... defendant not guilty. [New Jersey Model Criminal Jury Charges, Duress ( N.J.S.A. 2C:2-9) (rev. May 5, 1982).] A-0254-18 32 Defendant emphasizes ...

docket:
court:
decided:
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citation:
Document Size:	72326

23 SIMON COULL v. JAMIE VON ELLEN -- rank: 703

... s brief also references the affirmative defenses of duress, under N.J.S.A. 2C:2-9, and criminal coercion, under N.J.S.A. 2C:13 ...

docket:	a3858-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-04
status:	Unpublished
citation:
Document Size:	29873

24 STATE OF NEW JERSEY v. ANEURY TORRES -- rank: 703

... 5-2(a). He asserts no defense of duress. See N.J.S.A. 2C:2-9. And, while two of the men confronted the victims, defendant ...

docket:	a3080-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	24851

25 State of New Jersey v. Johnnie Parker -- rank: 697

... including failing to assert that defendant had acted under duress, N.J.S.A. 2C:2-9(a), failing to conduct any investigation into the surrounding facts ... outcome of the case. The trial judge noted that under N.J.S.A. 2C:2-9(b), duress would serve only to reduce the offense of ...

docket:	A-115-10
court:	NJ Supreme Court
decided:	2012-10-16
status:
citation:	212 N.J. 269 53 A.3d 652
Document Size:	72669

26 STATE OF NEW JERSEY v. JAMES R. HOLMAN -- rank: 694

... claimed he did so under duress within the meaning of N.J.S.A. 2C:2-9. Specifically, he claimed he was a low level foot soldier ...

docket:	a5912-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-09
status:	unpublished
citation:
Document Size:	35460

27 STATE OF NEW JERSEY v. B.H. -- rank: 684

... B.H. relied upon a duress defense at trial. See N.J.S.A. 2C:2-9. In support of that defense, defendant proffered the testimony of ... J.S.A. 2C:3-4 with comment 4 on N.J.S.A. 2C:2-9 (2003). In the case of self-defense, the objective standard ... by such other person on the present occasion.          Footnote: 6 N.J.S.A. 2C:2-9 provides, in relevant part: a. Subject to subsection b. of ...

docket:	A3824-02
court:	NJ Superior Court Appellate Division
decided:	2003-11-17
status:	published
citation:	364 N.J. Super. 171 834 A.2d 106
Document Size:	46579

28 STATE OF NEW JERSEY v. ANGEL HERNANDEZ, -- rank: 678

... firmness in his situation would have been unable to resist." N.J.S.A. 2C:2-9; see also State v. Fogarty , 128 N.J. 59 , 70 ... but will "reduce the degree of the crime to manslaughter." N.J.S.A. 2C:2-9(b). Defenses that reduce charges have presented problems for the ...

docket:	a5816-07
court:	NJ Superior Court Appellate Division
decided:	2011-08-17
status:	unpublished
citation:
Document Size:	35450

29 STATE OF NEW JERSEY v. JUDITH RUSSO -- rank: 675

... at issue prevents an even greater evil. See ibid. Under N.J.S.A. 2C:2-9, 'the burden [is] on the defendant to come forward with ...

docket:	a0866-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-22
status:	unpublished
citation:
Document Size:	73830

30 STATE OF NEW JERSEY v. TROY BUNERO and FRANCIS LONGO - -- rank: 662

... trial defendants sought to raise a defense of duress under N.J.S.A. 2C:2-9(a), based on the claim that they "were routinely required ... defense. Id. at 586-87. Nothing in the wording of N.J.S.A. 2C:2-9(a) suggests that the Legislature intended to change that rule ...

docket:	a1848-15
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	12427