Search Rutgers Law Library N.J. Court Opinions

1 State v. Joey J. Fowler -- rank: 1000

... N.J.S.A. 2C:3-4(b)(2), and N.J.S.A. 2C:3-9(c) are read together, Justice Albin explains, they make clear ... an exception to the affirmative defense of self-defense under N.J.S.A. 2C:3-9(c), leaving defendants open to conviction for aggravated or reckless ... justification: Subject to the provisions of this section and of [ N.J.S.A.] 2C:3-9, the use of force upon or toward another person is ... a prosecution for such recklessness or negligence towards innocent persons. [N.J.S.A. 2C:3-9(c).] Based on that statute and dicta from this Courtâ ... an assault on a third party” but 26 determined that N.J.S.A. 2C:3-9(c) should, “[b]y analogy . . . inform[] the lesser-included ... with the policy of MPC 3.09, on which our N.J.S.A. 2C:3-9(c) is modeled -- the holdings of which we do ...

docket:	a-5-18
court:	NJ Supreme Court
decided:	2019-07-30
status:
citation:	--- A.3d ----
Document Size:	76421

2 IN THE MATTER OF APPLICATION OF JONATHAN R. WHEELER -- rank: 921

... 5 (requiring a reasonable assessment of threat and its immediacy); N.J.S.A. 2C:3-9 (making justifications for the use of defensive force unavailable where ... if unintended. N.J.S.A. 2C:11-3, -4; N.J.S.A. 2C:3-9. Moreover, even if an accident does not rise to the ...

docket:	a3704-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-30
status:	published
citation:	433 N.J.Super. 560 81 A.3d 728
Document Size:	171384

3 State of New Jersey v. Naquan O’Neil -- rank: 867

... also bears mentioning that a widely read commentator, in discussing N.J.S.A. 2C:3-9 at the time of defendant’s direct appeal, warned that ... ” Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:3-9 (2002). The commentator emphasized that “[i]f the actor ... Kelly that state the same, and (3) the commentary to N.J.S.A. 2C:3-9 cautioning lawyers not to misread Moore as suggesting that â ...

docket:	A-68-12
court:	NJ Supreme Court
decided:	2014-10-06
status:
citation:	219 N.J. 598 99 A.3d 814
Document Size:	77524

4 State v. Wilberto Rodriguez -- rank: 861

... or creates a risk of injury to innocent persons.” N.J.S.A. 2C:3-9(c). Thus, by including both N.J.S.A. 2C:3-4(b)(2) and N.J.S.A. 2C:3-9(c) in the Code, the Legislature clearly indicated that acting ...

docket:	a-25-07
court:
decided:	2008-06-09
status:
citation:	195 N.J. 165
Document Size:	48961

5 STATE OF NEW JERSEY v. CHRISTOPHER M. CHAVIES, -- rank: 774

... J.S.A. 2C:3-4, and imperfect self-defense, N.J.S.A. 2C:3-9.     The challenged portion of the charge was given with respect ...

docket:	a6418-99
court:	njappellate
decided:	2001-11-09
status:	published
citation:	345 N.J. Super. 254
Document Size:	53944

6 STATE OF NEW JERSEY v. DAVID P. GIORDANO -- rank: 707

... the provisions of N.J.S.[A.] 2C:3-5, N.J.S.[A.] 2C:3-9, or this section, the use of force or deadly force ...

docket:	a4080-15
court:	NJ Superior Court Appellate Division
decided:	2018-03-08
status:	unpublished
citation:
Document Size:	55825

7 STATE OF NEW JERSEY v. JOHN HOGAN et al. -- rank: 659

... charged the grand jury on a mistake of law under N.J.S.A. 2C:3-9. They also claim that the deputy attorney general erred in ... we are inclined to agree that mistake of law under N.J.S.A. 2C:3-9 was not an issue in the case, and that the ...

docket:	A1198-00
court:	NJ Superior Court Appellate Division
decided:	2001-01-05
status:	published
citation:	336 N.J. Super. 319
Document Size:	52599

8 /usr/local/share/www/libweb/collections/courts/appellate/a3393-14a4789-14.opn.html -- rank: 644

... at 172-73. The discussion in Rodriguez was premised on N.J.S.A. 2C:3-9(c), which states: When the actor is justified . . . in using ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	29018

9 STATE OF NEW JERSEY v. WALI PALMER -- rank: 575

... creates a risk of injury to innocent persons.'" Ibid. (quoting N.J.S.A. 2C:3-9(c)). Defendant killed his friend Junior, who was not defendant ...

docket:	a0252-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-15
status:	unpublished
citation:
Document Size:	16338

10 /usr/local/share/www/libweb/collections/courts/appellate/a3688-14.opn.html -- rank: 557

... states: Subject to the provisions of this section and of [ N.J.S.A. ] 2C:3-9, the use of force upon or toward the person of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	23813