Search Rutgers Law Library N.J. Court Opinions

31 STATE OF NEW JERSEY v. TROY BUNERO -- rank: 659

... to instruct the jury on the affirmative defense of duress, N.J.S.A. 2C:2-9(a). The judge denied the State's request to stay ... charge the jury on the affirmative defense of duress under N.J.S.A. 2C:2-9(a).' We reasoned that '[a] plain reading of our duress ...

docket:	a1896-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	22223

32 STATE OF NEW JERSEY v. CORREY BURDEN -- rank: 652

... to instruct the jury on the defense of duress. See N.J.S.A. 2C:2-9. The charge was given, and no objection was made at ...

docket:	A0619-05
court:	NJ Superior Court Appellate Division
decided:	2007-10-31
status:	unpublished
citation:
Document Size:	77596

33 State of New Jersey v. Joanne Brennan -- rank: 640

... be used by a defendant claiming a duress defense under N.J.S.A. 2C:2-9.     Joanne Brennan was employed as a tax collector for the ... in light of the particular requirements of the duress statute, N.J.S.A. 2C:2-9, courts must apply the standard of a ‘person of reasonable ... be used by a defendant claiming a duress defense under N.J.S.A. 2C:2-9. Briefly, we summarize the facts and procedural posture of this ...

docket:	a-16-04
court:	njsupreme
decided:	2005-04-13
status:
citation:	183 N.J. 202
Document Size:	21472

34 STATE OF NEW JERSEY v. MAURICE R. SANDERS -- rank: 633

... firmness in his situation would have been unable to resist.' N.J.S.A. 2C:2-9(a). Those facts establish a prima facie case, R. 3 ...

docket:	a2762-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-18
status:	Unpublished
citation:
Document Size:	36437

35 STATE OF NEW JERSEY v. ALAN R. FRATELLO -- rank: 598

... the defendant not guilty. [See Model Jury Charges (Criminal), 'Duress (N.J.S.A. 2C: 2-9)' (approved May 5, 1982).] During deliberations, the jury posed two ...

docket:	a3503-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-03
status:	Unpublished
citation:
Document Size:	25691

36 STATE OF NEW JERSEY v. MARKEITH WHITFIELD -- rank: 585

... available to reduce the degree of the crime to manslaughter. [ N.J.S.A. 2C:2-9 (emphasis added).] See State v. B.H. , 183 N.J ...

docket:	A3196-04
court:	NJ Superior Court Appellate Division
decided:	2007-02-27
status:	unpublished
citation:
Document Size:	84624

37 STATE OF NEW JERSEY v. VANCE HERRING -- rank: 566

... attorney should have used to prove he acted under duress. N.J.S.A. 2C:2-9(a) provides in relevant part: "[I]t is an affirmative ...

docket:	a0497-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	unpublished
citation:
Document Size:	23923

38 STATE OF NEW JERSEY v. JOSEPH ROMANO, -- rank: 560

... and persuasion on the defendant on the issue of duress. N.J.S.A. 2C:2-9, was adopted after Toscano was decided and places the burden ...

docket:	a5911-00
court:	njappellate
decided:	2002-11-12
status:	published
citation:	355 N.J. Super. 21
Document Size:	34410

39 STATE OF NEW JERSEY v. SHERYL VAN DYKE -- rank: 554

... temperament." Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:2-9 (2003) (citing Final Report of the New Jersey Criminal Law ...

docket:	A2658-01
court:	NJ Superior Court Appellate Division
decided:	2003-06-27
status:	published
citation:	361 N.J. Super. 403 825 A.2d 116
Document Size:	39586

40 STATE OF NEW JERSEY v. RAMON ALMONTE -- rank: 506

... manslaughter rather than provide a complete defense to murder. See N.J.S.A. 2C:2-9(b). Moreover, the trial transcripts plainly show that defense counsel ...

docket:	a0172-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-08
status:	unpublished
citation:
Document Size:	20244

41 STATE OF NEW JERSEY v. GERARDO GOMEZ -- rank: 503

... person of another' and a reasonable person could not resist. N.J.S.A. 2C:2-9(a). In introducing evidence to support this contention, defendant would ...

docket:	a0788-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-10
status:	Unpublished
citation:
Document Size:	18713

42 STATE OF NEW JERSEY v. ANGEL HERNANDEZ -- rank: 490

... Duress simply "reduce[s] the degree of crime to manslaughter," N.J.S.A. 2C:2-9(b); it will not result in defendant's acquittal whereas ...

docket:	a1364-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-13
status:	unpublished
citation:
Document Size:	20558

43 STATE OF NEW JERSEY v. LYNN KELSEY -- rank: 477

... in h[er] situation would have been unable to resist." N.J.S.A. 2C:2-9. Thus, while evidence of battered woman syndrome may support a ...

docket:	a3975-06
court:	NJ Superior Court Appellate Division
decided:	2009-01-29
status:	unpublished
citation:	199 N.J. 133 970 A.2d 1049
Document Size:	50490

44 STATE OF NEW JERSEY v. NICOLE DUFAULT -- rank: 464

... 17T3 in [her] situation would have been unable to resist.' N.J.S.A. 2C:2-9(a). To succeed in asserting a duress defense, a defendant ...

docket:	a1982-17
court:	NJ Superior Court Appellate Division
decided:	2018-03-15
status:	unpublished
citation:
Document Size:	26850

45 STATE OF NEW JERSEY, In The Interest of A.V. and B.W., minors -- rank: 429

... finding that A.V. and B.W. acted under duress. N.J.S.A. 2C:2-9 provides that it is an affirmative defense to a crime ...

docket:	a4989-08
court:	superior court appellate division
decided:	2010-02-01
status:	unpublished
citation:
Document Size:	29256