Search Rutgers Law Library N.J. Court Opinions

46 STATE OF NEW JERSEY v. JANEAN OWENS -- rank: 647

... defense based on diminished capacity, intoxication, or both. Defendant cites N.J.S.A. 2C:4-2 and asserts the statute governs the diminished capacity defense. The ...

docket:	a3871-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	25857

47 STATE OF NEW JERSEY v. CHANCE L. HARMON -- rank: 644

... state of mind which is an element of the offense. [N.J.S.A. 2C:4-2.] 8 A-2502-19 Diminished capacity does not 'excuse the ...

docket:	a2502-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-04
status:	Unpublished
citation:
Document Size:	20107

48 /usr/local/share/www/libweb/collections/courts/appellate/a3018-18.opn.html -- rank: 644

... rights; and violations of the New Jersey 'Civil RICO' statute, N.J.S.A. 2C:4-2.4 The complaint also sought a declaratory judgment that the ...

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49 STATE OF NEW JERSEY v. MITCHELL WEST -- rank: 634

... J.S.A. 2C:2-8, and diminished mental capacity, N.J.S.A. 2C:4-2. Both statutes require that the applicable condition negate an element ... it does not present a basis for a defense under N.J.S.A. 2C:4-2. West next argues that trial counsel was constitutionally ineffective because ...

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status:	unpublished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

50 STATE OF NEW JERSEY v. KENNETH A. DUCKETT -- rank: 634

... Model Jury Charges (Criminal), 'Evidence of Mental Disease or Defect' ( N.J.S.A. 2C:4-2) (rev. June 5, 2006), to the jury. The jury did ...

docket:	a4648-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-08
status:	unpublished
citation:
Document Size:	42027

51 STATE OF NEW JERSEY v. ANGELA BARNES -- rank: 629

... when she returned. With respect to a diminished capacity defense, N.J.S.A. 2C:4-2, Barnes does not articulate the parameters of such a defense ...

docket:	a3750-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-24
status:	unpublished
citation:
Document Size:	27681

52 BRIAN NAMETKO v. NEW JERSEY STATE PAROLE BOARD -- rank: 629

... see, e.g., N.J.S.A. 2C:2-2; N.J.S.A. 2C:4-2, he suffered from a diminished capacity due to his mental ...

docket:	a1679-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-09
status:
citation:
Document Size:	30456

53 /usr/local/share/www/libweb/collections/courts/appellate/a1400-17.opn.html -- rank: 624

... testimony to support a defense of diminished capacity pursuant to N.J.S.A. 2C:4-2. After reviewing the record before us, and in light of ... orientation, gender identity or expression, national origin, or ethnicity[.] Additionally, N.J.S.A. 2C:4-2 provides, [e]vidence that the defendant suffered from a mental ...

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54 STATE OF NEW JERSEY v. ROBERT F. GIORDANO JR -- rank: 624

... 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:	a0590-08
court:	superior court appellate division
decided:	2010-10-06
status:	unpublished
citation:
Document Size:	62071

55 STATE OF NEW JERSEY v. MICHAEL WEATHERS -- rank: 618

... his competency. Defendant asserted a diminished capacity defense at trial, N.J.S.A. 2C:4- 2, supported by the testimony of his expert witness. Defendant's ...

docket:	a0845-19
court:	NJ Superior Court Appellate Division
decided:	2023-02-16
status:	Unpublished
citation:
Document Size:	36999

56 STATE OF NEW JERSEY v. JAMES HERNANDEZ -- rank: 618

... 2C:3-1, and Lack of Requisite State of Mind, N.J.S.A. 2C:4-2, as to which Rule 3:12-1 written notice was ... nor would they be able to support a claim under N.J.S.A. 2C:4-2 that defendant suffered from some mental disease or defect that ...

docket:	a5652-07
court:	superior court appellate division
decided:	2010-07-26
status:	unpublished
citation:
Document Size:	71187

57 STATE OF NEW JERSEY v. N.W. -- rank: 618

... that his "mental abnormality" or other "mental disease or defect," N.J.S.A. 2C:4-2, negates an element of the charged offense, criminal responsibility cannot ... 1988) (Judge Shebellthen assigned to the Appellate Division citing to N.J.S.A. 2C:4-2, and noting that a defense of diminished capacity requires evidence ...

docket:	a6214-04
court:	njappellate
decided:	2006-08-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65872

58 STATE OF NEW JERSEY v. EUGENE M. WILSON -- rank: 616

... state of mind which is an element of the offense." N.J.S.A. 2C:4-2. To establish such a defense, a defendant must offer evidence ...

docket:	a2234-06
court:	NJ Superior Court Appellate Division
decided:	2009-10-06
status:	unpublished
citation:
Document Size:	65444

59 In the Matter of Jude J. Tonzola, An Attorney at Law -- rank: 616

... criminal act, that individual may have a diminished-capacity defense. N.J.S.A. 2C:4-2. It is a defense that will either excuse conduct otherwise ...

docket:	d-44-96
court:	njsupreme
decided:	2000-01-28
status:
citation:	162 N.J. 296
Document Size:	54830

60 STATE OF NEW JERSEY VS JOHN FRANK NATALUK -- rank: 613

... not discussed nor was it submitted to the jury. I.      N.J.S.A. 2C:4-2 provides:         Evidence that the defendant suffered from a mental disease ... is an element of the offense. The principle embodied in N.J.S.A. 2C:4-2, sometimes referred to as diminished capacity, bears some resemblance to ... 1993). See footnote 1     Not every mental condition qualifies under N.J.S.A. 2C:4-2 as a “disease or defect which would negate a state ... Cannel, New Jersey Criminal Code Annotated , comments 1-5 on N.J.S.A. 2C:4-2 (Gann 1997). Footnote: 2 In its definition of “knowingly,” Footnote ...

docket:	a4628-96
court:	njappellate
decided:	1998-11-13
status:	published
citation:	316 N.J.Super. 336
Document Size:	30221