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 Results for ("N.J.S.A. 2C:11-3c")   1 to 15 of 48 results. Run time: 0.827 seconds | Search time: 0.820 seconds    
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1 State v. David A. Cooper -- rank: 1000
... police officers, charges a death-eligible form of murder under N.J.S.A. 2C:11-3c, and submits notice of at least one aggravating factor. 138 ... S.A. 2C:11-3, and the Death Penalty Act, N.J.S.A. 2C:11-3c to -3i. The murder statute was part of the New ... N.J.S.A. 2C:35-3, command the killing. N.J.S.A. 2C:11-3c.     Unlike some jurisdictions, the New Jersey Legislature has not made ... cases have been restricted to capital murder as defined in N.J.S.A. 2C:11-3c for which notice of aggravating factors has been given. N.J.S.A. 2C:11-3c(2)(e).     Moreover, to permit a jury to return a ... a pretrial motion seeking to have the Death Penalty Act, N.J.S.A. 2C:11-3c to -3i, declared unconstitutional as violative of the Eighth ...
docket: a-99-96
court: njsupreme
decided: 1997-08-20
status:
citation: 142 N.J. 449
Document Size: 252767
2 State v. Steven R. Fortin -- rank: 916
... 2001). In addition to the mitigating factors specifically enumerated in N.J.S.A. 2C:11-3c(5)(a)-(g), the catch-all provision allows the jury ...
docket: a-31-01
court: njsupreme
decided: 2004-02-03
status:
citation: 178 N.J. 540
Document Size: 234908
3 State v. Donald Loftin -- rank: 895
... of his right to confront witnesses and present a defense.      N.J.S.A. 2C:11-3c limits death-penalty eligibility to those defendants convicted of murder ... For a defendant to be eligible for the death penalty, N.J.S.A. 2C:11-3c requires that the defendant have caused death either by his ... vicarious liability." Gerald , supra , 113 N.J. at 99. However, N.J.S.A. 2C:11-3c imposes "a triggering device for the death penalty," an additional ...
docket: a-39-95
court: njsupreme
decided: 1996-08-08
status:
citation: 146 N.J. 295
Document Size: 322202
4 State v. Anthony DiFrisco -- rank: 886
... support a death sentence: “outrageously or wantonly vile” murder, N.J.S.A. 2C:11-3c(4)(c); murder for hire, N.J.S.A. 2C:11-3c(4)(d); and murder to escape the detection of another crime, N.J.S.A. 2C:11-3c(4)(f). Thereafter, defendant pled guilty to capital murder and, pursuant to N.J.S.A. 2C:11-3c(1), waived a jury for the penalty phase of his ... However, on the finding of a “death trigger” under N.J.S.A. 2C:11-3c, a defendant is potentially subject to the death penalty, and ... court must conduct a separate proceeding to determine the sentence, N.J.S.A. 2C:11-3c(1). In that proceeding, the State has the burden ...
docket: a-77-05
court:
decided: 2006-07-05
status:
citation: *CITE_PENDING*
Document Size: 124505
5 STATE V. BOBBY LEE BROWN -- rank: 886
... by [their] own conduct" or procured its commission through payment. N.J.S.A. 2C:11-3c.     In Gerald , supra , we adopted the view that the "by ... remand again seeks the death penalty for that offense. See N.J.S.A. 2C:11-3c (mandating that determination whether defendant committed homicidal act "by his ...
docket: a-20-93
court: njsupreme
decided: 1994-12-21
status:
citation: 138 N.J. 481
Document Size: 257909
6 State v. Robert McQuaid -- rank: 876
... assumed that death-eligibility under the “own conduct” requirement of N.J.S.A. 2C:11-3c (the death penalty statute) was not established until the Court ... fifteen charges. Those charges were: murder by his own conduct, N.J.S.A. 2C:11-3c (count two); aiding and abetting the murder, N.J.S ... defendant was death-eligible under the `own conduct' requirement of N.J.S.A. 2C:11-3c." The panel also held that defendant's PCR petition was ... death-eligible pursuant to the "murder for hire" category under N.J.S.A. 2C:11-3c, relying on State v. Marshall , 123 N.J. 1 , 137 ... JUSTICE STEIN   X       JUSTICE COLEMAN   X       TOTALS   7       Footnote: 1 N.J.S.A. 2C:11-3c has since been amended to also make death-eligible a ... of the offense." ( L. 1993, c. 27, § 1 codified at N.J.S.A. 2C:11-3c). This archive is a service of Rutgers School of ...
docket: a-11-96
court: njsupreme
decided: 1997-02-19
status:
citation: 147 N.J. 464
Document Size: 100007
7 State v. Thomas J. Koskovich -- rank: 849
... history of the Act makes it clear . . . that in enacting [ N.J.S.A. 2C:11-3c], the Legislature intended to distinguish, for purposes of punishment only ...
docket: a-22-99
court: njsupreme
decided: 2001-06-07
status:
citation: 168 N.J. 448
Document Size: 270078
8 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 830
... 2004) ( Fortin II ): Under New Jersey's death penalty statute, N.J.S.A. 2C:11-3c, the State must prove specific facts in each step of ... to that extent death constitutes the statutory "maximum" provided by N.J.S.A. 2C:11-3c, the Court did not view the statute in that fashion ... See State v. Loftin , 146 N.J. 295 , 349 (1996) ( N.J.S.A. 2C:11-3c imposes a triggering device for the death penaltyan additional requirement ... in this matter has been, in essence, to surgically repair N.J.S.A. 2C:11-3c in light of the fact that it has remained unchanged ... J. __, __ (2005) (slip opinion at 31-32) ( Natale II ). Because N.J.S.A. 2C:11-3c does not expressly exclude mentally retarded defendants from the class ... that we should interpret the capital murder statute as if N.J.S.A. 2C:11-3c now included a condition that the trial not proceed ...
docket: A3737-04
court: NJ Superior Court Appellate Division
decided: 2005-08-17
status: published
citation:
Document Size: 216466
9 STATE OF NEW JERSEY v. PORFIRIO JIMENEZ -- rank: 830
... 2004) ( Fortin II ): Under New Jersey's death penalty statute, N.J.S.A. 2C:11-3c, the State must prove specific facts in each step of ... to that extent death constitutes the statutory "maximum" provided by N.J.S.A. 2C:11-3c, the Court did not view the statute in that fashion ... See State v. Loftin , 146 N.J. 295 , 349 (1996) ( N.J.S.A. 2C:11-3c imposes a triggering device for the death penaltyan additional requirement ... in this matter has been, in essence, to surgically repair N.J.S.A. 2C:11-3c in light of the fact that it has remained unchanged ... J. __, __ (2005) (slip opinion at 31-32) ( Natale II ). Because N.J.S.A. 2C:11-3c does not expressly exclude mentally retarded defendants from the class ... that we should interpret the capital murder statute as if N.J.S.A. 2C:11-3c now included a condition that the trial not proceed ...
docket: A3736-04
court: NJ Superior Court Appellate Division
decided: 2005-08-17
status: published
citation: 380 N.J. Super. 1 880 A.2d 468
Document Size: 216489
10 State of New Jersey v. Robert R. Simon -- rank: 790
... are not eligible for the death penalty under the Code. N.J.S.A. 2C:11-3c. Second, the requirement that a defendant "committed the homicidal act ... anything of pecuniary value," N.J. Const. art. I, ¶ 12; N.J.S.A. 2C:11-3c. The limited accomplice and co-conspirator liability provisions have built ...
docket: a-149-97
court: njsupreme
decided: 1999-08-11
status:
citation: 161 N.J. 416
Document Size: 211768
11 State v. Brian WakefieldRIVERA-SOTO, J., writing for the Court.Brian Wakefield pled guilty to two counts of capital murder.In this appeal,Wakefield raises fourteen assignments of error in respect of the penalty phase trialthat resulted in his death senten -- rank: 759
... purposeful murder by one’s own conduct, in violation of N.J.S.A. 2C:11-3c, at defendant’s arraignment the State served a notice of ...
docket: a-37-04
court: njsupreme
decided: 2007-05-07
status:
citation: 190 N.J. 397
Document Size: 487750
12 State v. Daron Josephs -- rank: 753
... we turn first, as we must, to the controlling statute. N.J.S.A. 2C:11-3c provides, in pertinent part, that “[a]ny person convicted under [ N.J.S.A. 2C:11-3c (emphasis added). In Gerald , supra , 113 N.J. at 96 ... we considered the meaning of the “own conduct” provision of N.J.S.A. 2C:11-3c. There, the victim's death was caused by blunt-force ...
docket: a-113-99
court: njsupreme
decided: 2002-07-15
status:
citation: 174 N.J. 44
Document Size: 215536
13 State v. Rasheed Mahammad -- rank: 661
... and substantial duress insufficient to constitute a defense to prosecution.                 [ N.J.S.A. 2C:11-3c(5)                  (emphasis added).]     Inevitably, defense counsel will attempt to use ... is unique. I therefore would hold invalid that portion of N.J.S.A. 2C:11-3c(6) that would instruct the jury that it should consider ...
docket: a-138-95
court: njsupreme
decided: 1996-06-28
status:
citation: 145 N.J. 23
Document Size: 180700
14 STATE OF NEW JERSEY v. RICHARD TOLEDO -- rank: 658
... I am pleading guilty to an aggravating factor pursuant to [ N.J.S.A. ] 2C:11-3c(4)(k), 1 and I will be sentenced to life ... own conduct and one of the aggravating factors contained in N.J.S.A. 2C:11-3c(4), which included the factor that the victim "was less ... aggravating factors it found outweighed any mitigating factors it found. N.J.S.A. 2C:11-3c(3)(a); State v Bey , 112 N.J. 123 , 158 ... Gonzalez, was less than fourteen (14) years old, pursuant to N.J.S.A. 2C:11-3c(4)(k)." Defendant does not argue that the State failed ...
docket: a4239-10
court: NJ Superior Court Appellate Division
decided: 2012-06-29
status: unpublished
citation:
Document Size: 24283
15 State v. Charles E. Reddish, Jr. -- rank: 639
Original MSWord Version This case can also be found at 181 N.J. 553, 859 A.2d 117.     SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed ...
docket: a-47-02
court: njsupreme
decided: 2004-11-10
status:
citation: 181 N.J. 553
Document Size: 216213
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