Search Rutgers Law Library N.J. Court Opinions

31 In the Matter of Frank J. Cozzarelli, An Attorney at Law -- rank: 689

... what he was doing when he committed the crime.”); N.J.S.A. 2C:4-2 (diminished capacity); see, e.g. , State v. Taylor , 387 N ...

docket:	D-151-13
court:	NJ Supreme Court
decided:	2016-05-02
status:
citation:	225 N.J. 16 137 A.3d 412
Document Size:	84449

32 STATE OF NEW JERSEY v. RYAN J. RINKER -- rank: 684

... not a mental disease or defect within the meaning of [ N.J.S.A. ] 2C:4-2, and he is not entitled to a diminished capacity instruction ... State v. Delibero , 149 N.J. 90 , 98 (1997)); accord N.J.S.A. 2C:4-2. A defendant may raise a diminished capacity defense if (1 ... not "in itself . . . constitute mental disease within the meaning of" N.J.S.A. 2C:4-2. N.J.S.A. 2C:2-8(c). Dr. Crain ... Model Jury Charge (Criminal ), "Evidence of Mental Disease or Defect ( N.J.S.A. 2C:4-2)," (Revised June 5, 2006). However, "[e]vidence of intoxication may ...

docket:	a1238-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-29
status:	published
citation:	446 N.J.Super. 347 141 A.3d 412
Document Size:	65829

33 STATE OF NEW JERSEY v. JABRIL A. MITCHELL -- rank: 681

... state of mind which is an element of the offense," N.J.S.A. 2C:4-2, which, as applied to this case, requires he lacked the ...

docket:	a2071-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-21
status:	unpublished
citation:
Document Size:	26310

34 /usr/local/share/www/libweb/collections/courts/appellate/a1480-18.opn.html -- rank: 681

... S.A. 2C:4-1, or a diminished capacity defense, N.J.S.A. 2C:4-2, because it was counsel's 'trial strategy and client advocacy ... 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 ...

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Document Size:	33619

35 STATE OF NEW JERSEY v. MICHAEL A. PARLIN -- rank: 676

... at 28). The defense of diminished capacity is addressed by N.J.S.A. 2C:4-2 as follows: Evidence that the defendant suffered from a mental ...

docket:	a2576-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-03
status:	unpublished
citation:
Document Size:	74980

36 STATE OF NEW JERSEY v. DERRICK HARMON -- rank: 671

... test. As to the claim concerning the diminished capacity defense, N.J.S.A. 2C:4-2 governs admission of evidence of mental disease or defect and ... the claim of a potentially viable diminished capacity defense. Under N.J.S.A. 2C:4-2, in the absence of evidence that defendant suffered from a ...

docket:	a1746-09
court:	superior court appellate division
decided:	2011-02-07
status:	unpublished
citation:
Document Size:	33920

37 STATE OF NEW JERSEY v. RUSSELL M. STEWART -- rank: 671

... state of mind which is an element of the offense." N.J.S.A. 2C:4-2; see also State v. Nataluk , 316 N.J. Super. 336 ...

docket:	a5414-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-20
status:	unpublished
citation:
Document Size:	29664

38 STATE OF NEW JERSEY v. WILLIAM A. CASE -- rank: 665

... defense of diminished capacity is statutorily recognized in New Jersey. N.J.S.A. 2C:4-2 states: Evidence that the defendant suffered from a mental disease ...

docket:	a5912-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-08
status:	unpublished
citation:
Document Size:	29221

39 STATE OF NEW JERSEY v. DAVID RUSSO -- rank: 665

... admitted in support of a "diminished capacity" defense afforded by N.J.S.A. 2C:4-2 if the defendant establishes by a preponderance of the evidence ... is an element of the offense.'" Id. at 447 (quoting N.J.S.A. 2C:4-2). Defendant's trial was held after we issued our opinion ...

docket:	a1810-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-10
status:	unpublished
citation:
Document Size:	40789

40 STATE OF NEW JERSEY v. L.V -- rank: 665

... opined that defendant lacked the requisite state of mind under N.J.S.A. 2C:4-2 to purposefully and knowingly commit aggravated assault with respect to ...

docket:	a3149-07
court:	NJ Superior Court Appellate Division
decided:	2009-10-08
status:	published
citation:	410 N.J. Super. 90 979 A.2d 821
Document Size:	89748

41 State v. Porfirio Jimenez -- rank: 663

... to form the requisite intent to commit the crime. See N.J.S.A. 2C:4-2 (mental disease or defect may negate required mental state). In ...

docket:	a-50-05
court:	njsupreme
decided:	2006-10-24
status:
citation:	*CITE_PENDING*
Document Size:	80105

42 State v. Franklin Jack Burr, II -- rank: 663

... mental defect that prevented him from understanding his actions. See N.J.S.A. 2C:4-2 (allowing admission of evidence of “mental disease or defect ... the permissible uses of the testimony that was too narrow. N.J.S.A. 2C:4-2 allows admission of evidence of a “mental disease or ...

docket:	a-36-07
court:
decided:	2008-06-11
status:
citation:	195 N.J. 119
Document Size:	66763

43 STATE OF NEW JERSEY v. ALTURIK FRANCIS -- rank: 660

... he would assert the defense of diminished capacity, pursuant to N.J.S.A. 2C:4-2, and (2) that he would claim the defense of intoxication ...

docket:	a6635-04
court:	njappellate
decided:	2006-05-10
status:	published
citation:	*CITE_PENDING*
Document Size:	88784

44 /usr/local/share/www/libweb/collections/courts/appellate/a3963-16.opn.html -- rank: 655

... the mental state required for proof of each crime charged, N.J.S.A. 2C:4-2, and on the defense of insanity and charged on provocation ... the mental state required for proof of each crime charged, N.J.S.A. 2C:4-2'). A-3963-16T4 13 Defendant's sentence is not illegal ...

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court:	NJ Superior Court Law/Chancery Division
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45 STATE OF NEW JERSEY VS SCOTT JOHNSON -- rank: 647

... jury should consider aggravated manslaughter.     Diminished capacity as codified by N.J.S.A. 2C:4-2, is not an affirmative defense that justifies or excuses conduct ...

docket:	a6292-94
court:	njappellate
decided:	1998-03-09
status:	published
citation:	309 N.J.Super. 237
Document Size:	78422