Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. DONNALD LINDSEY -- rank: 810

... Lindsey, the court delivered an instruction on transferred intent. See N.J.S.A. 2C:2-3(d) (stating a defendant is not "relieved of responsibility for ... mattered not that, as the judge stated, drawing directly from N.J.S.A. 2C:2-3(d), the "difference between what occurred and what was . . . risked ... also correctly instructed the jury as to causation, drawn from N.J.S.A. 2C:2-3(c), including that the result "must also not be too ...

docket:	a6303-11
court:	NJ Supreme Court
decided:	2015-08-20
status:
citation:
Document Size:	81459

17 NO.A-3398-14T3 STATE OF NEW JERSEY IN THE INTEREST OF A.H A JUVENILE -- rank: 807

... s conduct, the serious injury would not have occurred. See N.J.S.A. 2C:2-3(a). If the adjudication rested on a finding of purposeful ... H.'s] liability or on the gravity of his offense." N.J.S.A. 2C:2-3(b). If the adjudication rested only on reckless behavior, then ... actor's liability or on the gravity of his offense." N.J.S.A. 2C:2-3(c). In this case, it appears the court found that ... within the risk of which A.H. was aware. 6 N.J.S.A. 2C:2-3(b), -3(c). The court did find, "There is no ... confident the court fully applied the standard set forth in N.J.S.A. 2C:2-3(b), -3(c). The court made its remoteness finding in ... of the defendant's actions. Id. at 388-92; see N.J.S.A. 2C:2-3(e). Whitted may provide support for the court's ...

docket:	a3398-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-02
status:	unpublished
citation:
Document Size:	31492

18 STATE OF NEW JERSEY v. ISMAEL MENDEZ -- rank: 805

... should "have instructed the jury on the concept of causation." N.J.S.A. 2C:2-3(c) provides: When the offense requires that the defendant recklessly ...

docket:	a2286-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-07
status:	unpublished
citation:
Document Size:	51590

19 STATE OF NEW JERSEY v. JAHMAD GREEN -- rank: 802

... or (2), N.J.S.A. 2C:2-6, and N.J.S.A. 2C:2-3(d) (count one); two counts of second-degree possession of ... 1, N.J.S.A. 2C:11-3(a), and N.J.S.A. 2C:2- 3(d) (count eight); and second-degree unlawful possession of a ...

docket:	a5491-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	66502

20 STATE OF NEW JERSEY , v. MICHELLE LODZINSKI -- rank: 800

... actor's liability or on the gravity of his offense. [ N.J.S.A. 2C:2-3(a)(1) and (b).] A-2118-16T2 12 The Code ... b . . . .' Cannel, N.J. Criminal Code Annotated, cmt. 2 on N.J.S.A. 2C:2-3 (2019). The State establishes 'but-for' causation 'by demonstrating that ... State v. Buckley, 216 N.J. 249, 263 (2013) (citing N.J.S.A. 2C:2-3(a)). 3 Defendant's essential argument is that the State ... result[,]' Cannel, N.J. Criminal Code Annotated, cmt. 2 on N.J.S.A. 2C:2-3 (citing State v. V.R., 387 N.J. Super. 342 ... of injury or harm as that [she] designed or contemplated.' N.J.S.A. 2C:2-3(b). We agree with the State that there was available ...

docket:	a2118-16
court:	NJ Superior Court Appellate Division
decided:	2021-05-26
status:	Published
citation:
Document Size:	62339

21 STATE OF NEW JERSEY v. JORGE TORRES -- rank: 795

... actor’s liability or on the gravity of his offense. [N.J.S.A. 2C:2-3.] The Code therefore requires a determination that the conduct constituting ...

docket:	a4894-14
court:	NJ Superior Court Appellate Division
decided:	2018-02-05
status:	unpublished
citation:
Document Size:	139440

22 STATE OF NEW JERSEY V. LUCY MALDONADO -- rank: 795

... variable as under the drug death act. As far as N.J.S.A. 2C:2-3, other factors will be considered in determining "just bearing." For ...

docket:	a-25-92
court:	njsupreme
decided:	1994-08-01
status:
citation:	137 N.J. 536
Document Size:	105572

23 STATE OF NEW JERSEY v. FRANCIS BRACE -- rank: 792

... or (2), N.J.S.A. 2C:2-6, and N.J.S.A. 2C:2-3(d) (count one); two counts of second-degree possession of ... 1, N.J.S.A. 2C:11-3(a), and N.J.S.A. 2C:2- 3(d) (count eight); and second-degree unlawful possession of a ...

docket:	a0400-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	33662

24 STATE OF NEW JERSEY v. KEITH R. BUCKLEY -- rank: 787

... apply to a charge of vehicular homicide are found in N.J.S.A. 2C:2-3. That statute states in pertinent part: Conduct is the cause ... actor's liability or on the gravity of his offense. [ N.J.S.A. 2C:2-3.] The causation provisions of N.J.S.A. 2C:2-3 apply to offenses such as vehicular homicide where causing a specific result is a material element of the crime. N.J.S.A. 2C:2-3; N.J.S.A. 2C:11-5. Thus, when evaluating ... deemed this fact irrelevant to the question of causation. Under N.J.S.A. 2C:2-3, however, both "but-for" causation and culpability are factual determinations ... these other factors when determining causation. Id. at 16. Interpreting N.J.S.A. 2C:2-3, the Court found the failure to charge the jury ...

docket:	a2973-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-19
status:	unpublished
citation:
Document Size:	36163

25 1STATE OF NEW JERSEY v. DONNALD LINDSEY -- rank: 785

... Lindsey, the court delivered an instruction on transferred intent. See N.J.S.A. 2C:2-3(d) (stating a defendant is not "relieved of responsibility for ... mattered not that, as the judge stated, drawing directly from N.J.S.A. 2C:2-3(d), the "difference between what occurred and what was . . . risked ... also correctly instructed the jury as to causation, drawn from N.J.S.A. 2C:2-3(c), including that the result "must also not be too ...

docket:	a6303-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-20
status:	Published
citation:
Document Size:	81019

26 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 782

... conduct." State v. Buckley , 216 N.J. 249 , 263 (2013); N.J.S.A. 2C:2-3(a). In cases involving the mens rea of recklessness, the ... jury to conduct a "culpability assessment" as set forth in N.J.S.A. 2C:2-3(c). Buckley , supra , 216 N.J. at 263-64; State ... Ct. 284 , 157 L. Ed.2d 198 (2003). Pursuant to N.J.S.A. 2C:2-3(c): When the offense requires that the defendant recklessly . . . cause ... offense. In a vehicular homicide case, the first prong of N.J.S.A. 2C:2-3(c) requires that the jury determine whether the State has ... 216 N.J. at 264. Alternately, the second prong of N.J.S.A. 2C:2-3(c) directs the jury to consider whether the actual result ...

docket:	a2728-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-22
status:	unpublished
citation:
Document Size:	105591

27 /usr/local/share/www/libweb/collections/courts/appellate/a2145-16.opn.html -- rank: 780

... gravity of his/her offense. [Model Jury Charges (Criminal), 'Causation (N.J.S.A. 2C:2-3)' (approved June 10, 2013) (emphasis added).] As already noted, defendant ... of driving in the manner that he did. Ibid. (citing N.J.S.A. 2C:2-3(a)). 'In cases involving the mens rea of recklessness, the jury then conducts a 'culpability assessment' under N.J.S.A. 2C:2-3(c).' Id. at 263- 64 (citing Pelham, 176 N.J. at 460). N.J.S.A. 2C:2-3(c) provides in relevant part: When the offense requires that ... offense. [(Emphasis added).] 'As the drafters of the Code noted, N.J.S.A. 2C:2-3(c) 'deal[s] explicitly with variations between the actual result ... 3, at 50 (1971)). When considering the first component of N.J.S.A. 2C:2-3(c)'s two- pronged test for causation: whether 'the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50297

28 STATE OF NEW JERSEY v. THOMAS VANDERWEIT -- rank: 780

... multi-step analysis. Buckley, 216 N.J. at 263; see N.J.S.A. 2C:2-3. Initially, the jury must determine whether the State has established ... event would not have occurred absent the defendant's conduct. N.J.S.A. 2C:2-3(a); Buckley, 216 N.J. at 263. Next, because the ... 2074-15T1 homicide, the jury must conduct a 'culpability assessment.' N.J.S.A. 2C:2-3(c); Buckley, 216 N.J. at 263. To find culpability ... same kind of injury or harm as the probable result . . . .' N.J.S.A. 2C:2-3(c). Thus, the first prong of N.J.S.A. 2C:2-3(c) requires the jury to assess whether defendant was aware ... of a fatal motor vehicle accident. . . . The second prong of N.J.S.A. 2C:2-3(c) . . . requires proof that the actual result -- in this ...

docket:	a2074-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	78355

29 STATE OF NEW JERSEY v. JOSE A. VEGA -- rank: 767

... result. The New Jersey Code of Criminal Justice (the Code), N.J.S.A. 2C:2-3(a)(1), states that "[c]onduct is the cause of ... the [C]ode or by the law defining the offense." N.J.S.A. 2C:2-3(a)(2). Where, as here, the offense requires that the ... actor's liability or on the gravity of his offense. [ N.J.S.A. 2C:2-3(b).] Here, there is no question that the gang member ...

docket:	a0278-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-05
status:	unpublished
citation:
Document Size:	54849

30 STATE OF NEW JERSEY v. VASIL W. HEISLER -- rank: 757

... REFUSING TO CHARGE THE SPECIFIC DEFINITION OF CAUSATION PROVIDED IN N.J.S.A. 2C:2-3(b) IN REGARD TO THE ATTEMPTED MURDER CHARGE WHICH WAS ... refusing to charge the specific definition of causation provided in N.J.S.A. 2C:2-3(b) in regard to the attempted murder charge. He argues ...

docket:	a2238-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-23
status:	unpublished
citation:
Document Size:	43671