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61 STATE OF NEW JERSEY v. ALICE O'DONNELL -- rank: 610

... apparent strategy was to pursue a diminished capacity defense under N.J.S.A. 2C:4-2. The court ordered the assistant deputy public defender to seek ...

docket:	a1889-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-24
status:	published
citation:	435 N.J.Super. 351 89 A.3d 193
Document Size:	68641

62 /usr/local/share/www/libweb/collections/courts/appellate/a5192-18.opn.html -- rank: 608

... THE JURY ON THE DEFENSE OF MENTAL DISEASE OR DEFECT, N.J.S.A. 2C: 4-2, PRELIMINARILY AND COMPLETELY SEPARATE AND OUT OF CONTEXT FROM ITS ... Model Jury Charges (Criminal), 'Evidence of Mental Disease or Defect (N.J.S.A. 2C: 4-2)' (rev. June 5, 2006). A-5192-18 15 This archive ...

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63 State v. Milne -- rank: 608

... of trial that defense was governed by a version of N.J.S.A. 2C: 4-2 later deemed unconstitutional because it required that a defendant prove ... of trial that defense was governed by a version of N.J.S.A. 2C:4-2 that a federal court later found unconstitutional. In Humanik v ... also Cannel, New Jersey Criminal Code Annotated , comment 1 on N.J.S.A. 2C:4-2 (2003) (summarizing Humanik ’s impact on statute).     In State v ... in pursuing a diminished capacity defense by an unconstitutional statute, N.J.S.A. 2C:4-2. After defendant’s trial and the rejection of his direct ...

docket:	a-61-02
court:	njsupreme
decided:	2004-03-02
status:
citation:	178 N.J. 486
Document Size:	41467

64 STATE OF NEW JERSEY VS SHAROB CLOWNEY -- rank: 592

... find without merit defendant's challenge to the constitutionality of N.J.S.A. 2C:4-2. R. 2:11-3(e)(2). V.     Finally, we are ...

docket:	a2984-94
court:	njappellate
decided:	1997-03-19
status:	published
citation:	<a href=
Document Size:	43066

65 STATE OF NEW JERSEY v. IBRAHIM B. SAMHA -- rank: 590

... an intent to act purposely or knowingly as required by N.J.S.A. 2C:4-2. Although Dougherty's 2008 report now explicitly states that, in ...

docket:	a2073-08
court:	superior court appellate division
decided:	2010-07-01
status:	unpublished
citation:
Document Size:	56530

66 STATE OF NEW JERSEY v. ANIL NAYEE -- rank: 587

... N.J.S.A. 2C:4-1, and diminished capacity, N.J.S.A. 2C:4-2, stating that due to a mental disease defect, his conduct ... preponderance of the evidence. Diminished capacity, which is addressed in N.J.S.A. 2C:4-2, provides: Evidence that the defendant suffered from a mental disease ...

docket:	a5060-04
court:	njappellate
decided:	2007-07-05
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	64130

67 STATE OF NEW JERSEY v. JESSICA MONTANEZ -- rank: 584

... have done. Affirmed. 1 We question whether diminished capacity under N.J.S.A. 2C:4-2 is the proper label for defendant's proposed defense. A ... intoxication, by itself, is not a mental disease cognizable under N.J.S.A. 2C:4-2. Nonetheless, the thrust of both defenses is the same, and ...

docket:	a6012-08
court:	NJ Superior Court Appellate Division
decided:	2011-08-17
status:	unpublished
citation:
Document Size:	16106

68 STATE OF NEW JERSEY v. GEORGE JENEWICZ -- rank: 582

... J.S.A. 2C:4-1, or of diminished capacity, N.J.S.A. 2C:4-2. After conducting his examination, Dr. Trent was unable to provide ...

docket:	A0013-02
court:	NJ Superior Court Appellate Division
decided:	2006-08-08
status:	unpublished
citation:
Document Size:	87634

69 STATE OF NEW JERSEY v. R.T. -- rank: 579

... also Model Penal Code § 2.08. Therefore, like diminished capacity, N.J.S.A. 2C:4-2, State v. Reyes , 140 N.J. 344 , 354 (1995), and ...

docket:	a1131-06
court:	superior court appellate division
decided:	1997-07-15
status:	published
citation:	411 N.J. Super. 35 983 A.2d 1177
Document Size:	182299

70 STATE OF NEW JERSEY v. CHRISTOPHER JONES -- rank: 574

... that there was nothing deficient about trial counsel's performance. N.J.S.A. 2C:4-2 states as follows: Evidence that the defendant suffered from a ...

docket:	a1698-07
court:	superior court appellate division
decided:	2010-05-19
status:	Unpublished
citation:
Document Size:	26936

71 STATE OF NEW JERSEY v. GEORGE MELENDEZ -- rank: 563

... a notice of intention to assert a diminished capacity defense, N.J.S.A. 2C:4-2, and had retained Atkins and another doctor, Robert Sadoff, to ...

docket:	a3087-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	22936

72 STATE OF NEW JERSEY v. R.P -- rank: 561

... state of mind which is an element of the offense." N.J.S.A. 2C:4-2. Defendant did not carry his burden to prove insanity or ...

docket:	a0409-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-15
status:	unpublished
citation:
Document Size:	40912

73 STATE OF NEW JERSEY v. MARK BOWERS -- rank: 558

... state of mind which is an element of the offense. [ N.J.S.A. 2C:4-2.] Because defendant has submitted no medical records or reports, there ...

docket:	a6281-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-21
status:	unpublished
citation:
Document Size:	27144

74 STATE OF NEW JERSEY v. NICHOLAS KYRIAZIS -- rank: 558

... an element of an offense, i.e., purposeful or knowingly. N.J.S.A. 2C:4-2. This evidence is admissible to prove that the defendant's ...

docket:	a4374-07
court:	superior court appellate division
decided:	2010-08-12
status:	Unpublished
citation:
Document Size:	39307

75 STATE OF NEW JERSEY v. DANIEL HOLTON -- rank: 558

... became involved only because he gave information to the police. N.J.S.A. 2C:4-2. In light of this report, defendant cannot establish that his ...

docket:	a6278-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-27
status:	unpublished
citation:
Document Size:	22914