Search Rutgers Law Library N.J. Court Opinions

1 State v. B.H. -- rank: 1000

... syndrome expert testimony in respect of a duress defense under N.J.S.A. 2C:2-9.     In March 2001, B.H. left her husband, S.H ... In light of the particular requirements of the duress statute, N.J.S.A. 2C:2-9, courts must apply the standard of a ‘person of reasonable ... syndrome expert testimony in respect of a duress defense under N.J.S.A. 2C:2-9. I. In March of 2001, B.H. left her husband ... 355 N.J. Super. 21 , 35-36 (App. Div. 2002). N.J.S.A. 2C:2-9 provides: a. Subject to subsection b. of this section, it ...

docket:	a-59-03
court:	njsupreme
decided:	2005-04-13
status:
citation:	183 N.J. 171
Document Size:	100789

2 STATE OF NEW JERSEY v. ANTHONY S. CLARK -- rank: 920

... N.J. 480, 488 (2015) (quoting R. 2:10-2). N.J.S.A. 2C:2-9 governs the defense of duress. Pertinent here, it provides: a ... the standard of the 'person of reasonable firmness.'' Ibid. (quoting N.J.S.A. 2C:2-9(a)). 'In making this assessment, the jury must consider objectively ...

docket:	a0926-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-21
status:	Unpublished
citation:
Document Size:	105362

3 STATE OF NEW JERSEY IN THE INTEREST OF A.D. -- rank: 901

... issues, however, are defenses that must be resolved at trial. N.J.S.A. 2C:2-9 defines the defense of duress while N.J.S.A ...

docket:	a3721-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-09
status:	published
citation:
Document Size:	35577

4 STATE OF NEW JERSEY IN THE INTEREST OF A.D. -- rank: 901

... issues, however, are defenses that must be resolved at trial. N.J.S.A. 2C:2-9 defines the defense of duress while N.J.S.A ...

docket:	a3720-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-09
status:	published
citation:	420 N.J. Super. 144 19 A.3d 482
Document Size:	35745

5 STATE OF NEW JERSEY v. MICHELLE PADEN-BATTLE -- rank: 872

... judge failed to charge either the affirmative defense of duress, N.J.S.A. 2C:2-9, or the felony-murder affirmative defense described in N.J ... 11-3(a)(3), and (b) the defense of duress, N.J.S.A. 2C:2-9. Defendant did not request these instructions at trial, so we ... need for or clearly warrants the unrequested jury instruction. Ibid. N.J.S.A. 2C:2-9 makes it an affirmative defense 'that the actor engaged in ...

docket:	a1320-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-16
status:	Published
citation:
Document Size:	64149

6 STATE OF NEW JERSEY v. RASHAWN BOND -- rank: 853

... jury instructions, and jury deliberations, to which he was entitled." N.J.S.A. 2C:2-9, "Duress," provides in relevant part: (a). . . . it is an affirmative ... of duress in accordance with Model Jury Charge (Criminal) , "Duress ( N.J.S.A. 2C:2-9)" (May 5, 1982). In relevant part, the charge provided: Now ...

docket:	a2317-14
court:	NJ Superior Court Appellate Division
decided:	2017-10-18
status:	unpublished
citation:
Document Size:	114954

7 STATE OF NEW JERSEY v. WILLIAM O'BRIEN -- rank: 840

... a psychologist in support of his affirmative defense of duress. N.J.S.A. 2C:2-9. In March 2008, the court conducted a hearing and concluded ...

docket:	a1422-08
court:	NJ Superior Court Appellate Division
decided:	2013-01-10
status:	unpublished
citation:
Document Size:	48014

8 STATE OF NEW JERSEY v. ANGELA D. PIZZARELLI -- rank: 828

... reasonable doubt. The affirmative defense of duress is defined in N.J.S.A. 2C:2-9(a) as follows: [I]t is an affirmative defense that ... it is probable that he would be subjected to duress." N.J.S.A. 2C:2-9(b). Further, "[i]n a prosecution for murder, the defense ... does not exculpate a defendant from a charge of murder, N.J.S.A. 2C:2-9(b), it is an absolute defense to all other crimes ... he justification of 'self defense,' like the justification[] of . . . 'duress,' N.J.S.A. 2C:2-9, is an 'affirmative defense' under the Code . . . upon which the ... a defendant's conviction is reduced from murder to manslaughter. N.J.S.A. 2C:2-9(b). 5 Although we affirm because the charge, considered in ...

docket:	a1242-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	54597

9 STATE OF NEW JERSEY v. CLIVE HINDS -- rank: 818

... the jury with instructions on the affirmative defense of duress, N.J.S.A. 2C:2-9, and had posed a specific interrogatory in that regard. The ... degree manslaughter, N.J.S.A. 2C:11-4. See N.J.S.A. 2C:2-9(b) ("In a prosecution for murder, the defense is only ... quoting State v. Jordan , 147 N.J. 409 , 422 (1997)). N.J.S.A. 2C:2-9 provides in relevant part: a. Subject to subsection b. . . . , it ... available to reduce the degree of the crime to manslaughter. [ N.J.S.A. 2C:2-9 (a)-(b).] Although a defendant initially must produce some evidence ...

docket:	a3901-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-07
status:	unpublished
citation:
Document Size:	64217

10 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. LATONIA E. BELLAMY a/k/a NA-NA -- rank: 812

... quoting State v. Jordan, 147 N.J. 409, 422 (1997)).] N.J.S.A. 2C:2-9, defines duress as: an affirmative defense that the actor engaged ... in his situation would have been unable to resist. Under N.J.S.A. 2C:2-9, 'the burden [is] on the defendant to come forward with ...

docket:	a3676-12
court:	NJ Superior Court Appellate Division
decided:	2017-11-08
status:	unpublished
citation:
Document Size:	83657

11 STATE OF NEW JERSEY v. WAYNE J. JOHNSON, JR -- rank: 808

... a jury instruction on the affirmative defense of duress. See N.J.S.A. 2C:2-9(a). At the conclusion of trial, the court dismissed the ... firmness in his situation would have been unable to resist. [N.J.S.A. 2C:2-9(a).] '[T]he burden [is] on the defendant to come ...

docket:	a4638-15
court:	NJ Superior Court Appellate Division
decided:	2019-04-30
status:	Unpublished
citation:
Document Size:	46628

12 /usr/local/share/www/libweb/collections/courts/appellate/a1769-15a2126-15.opn.html -- rank: 799

... assignments. That evidence does not support a duress defense under N.J.S.A. 2C:2-9(a). On this record, we decline to revisit Judge Fuentes ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	27618

13 STATE OF NEW JERSEY VS. SHAROD C. SAUNDERS -- rank: 799

... the following sections of the Code of Criminal Justice . . . Duress, [N.J.S.A.] 2C:2-9(a).' The Rule also requires defense counsel to disclose a ...

docket:	a3174-21
court:	appellate
decided:	2024-03-28
status:	Unpublished
citation:
Document Size:	36956

14 STATE OF NEW JERSEY v. HJALMAR PINTO -- rank: 799

... not prevail before a jury with a defense of duress, N.J.S.A. 2C:2-9(a). The motion was denied, essentially for the same reasons ... armed robbers raised the possibility of a duress defense. See N.J.S.A. 2C:2-9(a) ("[I]t is an affirmative defense that the actor ...

docket:	a4146-06
court:	NJ Superior Court Appellate Division
decided:	2008-12-29
status:	unpublished
citation:
Document Size:	30702

15 State v. Joseph S. Macchia -- rank: 796

... in his situation would have been unable to resist.ā€¯ N.J.S.A. 2C:2-9(a). Like self-defense, the Legislature has placed certain limitations ...

docket:	a-49-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-16
status:
citation:
Document Size:	70386