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16 STATE OF NEW JERSEY v. WILLIE A. PETERSON -- rank: 744

... his mental defects impeded his capacity to stand trial. Under N.J.S.A. 2C:4-2, a diminished capacity defense is available to negate the formation ...

docket:	a3309-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-07
status:	unpublished
citation:
Document Size:	41569

17 STATE V. JOSEPH HARRIS -- rank: 733

... every element of a crime. The Legislature has since amended N.J.S.A. 2C:4-2, the diminished-capacity law. L. 1990, c. 63, § 1. As ...

docket:	a-3-94
court:	njsupreme
decided:	1995-07-12
status:
citation:	141 N.J. 525
Document Size:	152093

18 STATE OF NEW JERSEY v. BRYAN C. BOSTON -- rank: 733

... J.S.A. 2C:2-2.8 [sic] Intoxication and N.J.S.A. 2C:4-2 Diminished Capacity Prior to the Defendant Accepting a Plea. C ...

docket:	a3692-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	37544

19 STATE OF NEW JERSEY v. EDWARD FAIRLEY -- rank: 725

... N.J. 275 , 289 (2006) (quotation marks and citation omitted).] N.J.S.A. 2C:4-2 provides: Evidence that the defendant suffered from a mental disease ...

docket:	a5306-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-20
status:	Published
citation:
Document Size:	62894

20 STATE OF NEW JERSEY v. PAULINO NJANGO -- rank: 723

... N.J.S.A. 2C:4-1, or diminished capacity, N.J.S.A. 2C:4-2. The petition was denied without an evidentiary hearing on May ...

docket:	a0397-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Published
citation:
Document Size:	25266

21 STATE OF NEW JERSEY v. EUGENE C. BAUM -- rank: 717

... state of mind which is an element of the offense." N.J.S.A. 2C:4-2. The use of evidence of mental disease authorized by N.J.S.A. 2C:4-2 was the context in which the judge provided this instruction ... relationship between N.J.S.A. 2C:2-8c and N.J.S.A. 2C:4-2 that are not implicated here. The experts said nothing suggesting ...

docket:	a5392-09
court:	NJ Superior Court Appellate Division
decided:	2013-07-30
status:	unpublished
citation:
Document Size:	66811

22 STATE OF NEW JERSEY v. STEPHON L. WILSON -- rank: 715

... he or she was incapable of forming the requisite intent, N.J.S.A. 2C:4-2, 'the statute does not shift the burden of proof to ... to establish the mens rea of the offense.' Ibid. Indeed, N.J.S.A. 2C:4-2 provides: [e]vidence that the defendant suffered from a mental ...

docket:	a4132-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-02
status:	Unpublished
citation:
Document Size:	31619

23 STATE OF NEW JERSEY v. JEMEL POWELL -- rank: 712

... diminished capacity. See N.J.S.A. 2C:2-8; N.J.S.A. 2C:4-2. Both require the proffer of a sufficient evidential foundation providing ...

docket:	a0952-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-20
status:	unpublished
citation:
Document Size:	36887

24 STATE OF NEW JERSEY v. RITHEA P. RANDALL -- rank: 710

... suggesting that a defense of mental disease or defect under N.J.S.A. 2C:4-2 would have been viable.' A-4529-19 4 The judge ... counsel. Notably, even if trial counsel's representation is 1 N.J.S.A. 2C:4-2 provides: 'Evidence that the defendant suffered from a mental disease ...

docket:	a4529-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-10
status:	Unpublished
citation:
Document Size:	20525

25 STATE OF NEW JERSEY v. GEORGE R. MELENDEZ -- rank: 704

... state of mind which is an element of the offense. [ N.J.S.A. 2C:4-2] The State retains the burden to prove that defendant acted ...

docket:	a0640-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-26
status:	published
citation:	423 N.J. Super. 1 30 A.3d 320
Document Size:	93991

26 STATE OF NEW JERSEY v. JOHN G. DELLOBUONO -- rank: 697

... N.J. 344, 354 (1995) . The defense is codified in N.J.S.A . 2C:4-2 , which provides: Evidence that the defendant suffered from a mental ...

docket:	a2387-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	unpublished
citation:
Document Size:	47192

27 STATE OF NEW JERSEY v. ROGER EMMONS -- rank: 697

... 2d 25 (1989). Humanik involved the constitutionality and application of N.J.S.A. 2C:4-2, which then provided: Evidence that the defendant suffered from a ... who raise the defense of mental disease or defect under N.J.S.A. 2C:4-2 to prove the existence of the alleged mental disease or ... court in Humanik found in the part of the former N.J.S.A. 2C:4-2 that placed the burden on a defendant to prove the ... Under the Code, "knowingly" and "knowing" have the "same meaning." N.J.S.A. 2C:4-2 to eliminate the last sentence, which had made the existence ... noted, n. 4, the Legislature subsequently repealed this part of N.J.S.A. 2C:4-2. See State v. Delibero , 149 N.J. 90 , 101 (1997 ...

docket:	a5689-05
court:	njappellate
decided:	2007-12-07
status:	published
citation:	397 N.J.Super. 112
Document Size:	79644

28 STATE OF NEW JERSEY v. Franklin Burr II -- rank: 697

... purposefully molest a young child. While the diminished capacity statute, N.J.S.A. 2C:4-2, allows the admission of evidence of a "mental disease or ... than negating the mens rea of the charged crime. See N.J.S.A. 2C:4-2. Indeed, the Court has explained that the diminished capacity defense ... 1987) (emphasis added). Accordingly, the case law discussing and applying N.J.S.A. 2C:4-2 focuses only on whether evidence of a mental disease or ... N.J. Super. 336 , 343-47 (App. Div. 1998). Because N.J.S.A. 2C:4-2 and the case law interpreting it do not address the ...

docket:	a4603-04
court:	njappellate
decided:	2007-05-08
status:	unpublished
citation:	392 N.J. Super. 538
Document Size:	100909

29 STATE V. JOSE LUIS REYES -- rank: 697

... assistance was ineffective because of his failure to assert that N.J.S.A. 2C:4-2 was unconstitutional based on Humanik v. Beyer , 87 F.2d ... capacity charge. Therefore, we first review the chronological development of N.J.S.A. 2C:4-2, including the case law interpreting that statute. The diminished-capacity defense, like that found in N.J.S.A. 2C:4-2,         emerged in large measure to ameliorate the relatively narrow concept ... See L. 1978, c. 95.     The diminished-capacity defense in N.J.S.A. 2C:4-2 was amended in 1979 to create a rebuttable presumption that ... than a year later, we reiterated our Breakiron holding, that N.J.S.A. 2C:4-2 was constitutional, and proposed an appropriate jury instruction:         The defendant ... supra , 871 F.2d 432 , disagreed with our analysis of N.J.S.A. 2C:4-2. Although Humanik's jury charge on diminished capacity comported ...

docket:	a-85-94
court:	njsupreme
decided:	1995-06-05
status:
citation:	140 N.J. 344
Document Size:	63729

30 State of New Jersey v. Alturik Francis -- rank: 694

... stating that he would assert the defenses of diminished capacity, N.J.S.A. 2C:4-2, and intoxication, See footnote 2 Defendant moved to dismiss the ...

docket:	a-31-06
court:	njsupreme
decided:	2007-06-27
status:
citation:	191 N.J. 571
Document Size:	72761