Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 1000

... 1137-17T3 25 (Criminal), 'Evidence of Mental Disease or Defect (N.J.S.A. 2C:4-2)' (rev. June 5, 2006). C. Next, we address defendant's ...

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2 State of New Jersey v. William E. Rivera -- rank: 976

... of mind which is an element of the offense.” N.J.S.A. 2C:4-2. The State then presented the testimony of Dr. Howard Gilman ... of mind which is an element of the offense.” N.J.S.A. 2C:4-2. The line between insanity and diminished capacity is blurry. As ... “If a defendant intends to claim insanity pursuant to [ N.J.S.A.] 2C:4-2, he shall serve notice of such intention upon the prosecuting ... of mind which is an element of the offense.” N.J.S.A. 2C:4-2. Following that charge conference, in rebuttal, the State presented the ... 3 (competence); N.J.S.A. 2C:4-1 (insanity); N.J.S.A. 2C:4-2 (diminished capacity). We address each in that order. As an ... of mind which is an element of the offense.” N.J.S.A. 2C:4-2. It also provides, conversely, that “[i]n the ...

docket:	A-11-10
court:	NJ Supreme Court
decided:	2011-04-26
status:
citation:	205 N.J. 472 16 A.3d 352
Document Size:	97737

3 STATE OF NEW JERSEY v. ROBERT HANDY -- rank: 913

... of mind, he may be acquitted on that basis. See N.J.S.A. 2C:4-2. The Code further authorizes a defendant to be found not ...

docket:	a0401-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-04
status:	published
citation:	421 N.J. Super. 559 25 A.3d 1140
Document Size:	160204

4 STATE OF NEW JERSEY v. SHAWN MILNE -- rank: 869

... Ed.2d 25 (1989), holding the extant (1987) version of N.J.S.A. 2C:4-2. Because we cannot improve upon this analysis, we set it ... 143 N.J. 325 (1996). ��������[ Cannel , Criminal Code Annotated , Comment N.J.S.A. 2C:4-2 at 219-220 (2002).] I ����This is the procedural background ... the "mental disease or defect state of mind" issue under N.J.S.A. 2C:4-2 which concerns us here. The experts at the time most ... burden of proof on a defendant imposed by the statute, N.J.S.A. 2C:4-2, See footnote 2 2 was an unconstitutional burden-shifting. In ... J. at 55. Here, in the case before us, under N.J.S.A. 2C:4-2, the statute in effect in 1987 unconstitutionally imposed the burden ... 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 ...

docket:	a5217-00
court:	njappellate
decided:	2002-12-03
status:	published
citation:	355 N.J. Super. 355
Document Size:	41275

5 STATE OF NEW JERSEY v. N.K -- rank: 866

... v. Rivera, 205 N.J. 472, 487 (2011)); see also N.J.S.A. 2C:4-2 (providing in part '[e]vidence that the defendant suffered from ...

docket:	a4332-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-24
status:	Unpublished
citation:
Document Size:	40244

6 State v. Eugene C. Baum -- rank: 838

... State v. Delibero , 149 N.J. 90, 98 (1997)); accord N.J.S.A. 2C:4-2. This defense “was designed by the Legislature not as ... he or she was incapable of forming the requisite intent, N.J.S.A. 2C:4-2, “the statute does not shift the burden of proof ... intoxication resulting from a “mental disease or defect” under N.J.S.A. 2C:4-2, 8 and he could not have had the requisite mental ... Jury Charge (Criminal), “Evidence of Mental Disease or Defect ( N.J.S.A. 2C:4-2)” (June 5, 2006).] A comparison of the trial court� ...

docket:	A-107-13
court:	NJ Supreme Court
decided:	2016-02-08
status:
citation:	224 N.J. 147 129 A.3d 1044
Document Size:	105967

7 STATE OF NEW JERSEY v. KRISLA REZIREKSYON -- rank: 835

... v. Rivera, 205 N.J. 472, 487 (2011)); see also N.J.S.A. 2C:4-2. 'This defense 'was designed by the Legislature not as a ... as that phrase is utilized A-0469-16T4 18 in N.J.S.A. 2C:4-2. The court properly limited Dr. Morgan's testimony to his ...

docket:	a0469-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-01
status:	Unpublished
citation:
Document Size:	51506

8 STATE OF NEW JERSEY v. DENNIS W. POZNIAK -- rank: 832

... Model Jury Charges (Criminal), 'Evidence of mental disease or defect (N.J.S.A. 2C:4-2),' (rev. June 5, 2006). 6 Because the judge provided these ... v. Rivera, 205 N.J. 472, 487 (2011)); see also N.J.S.A. 2C:4-2. 'This defense 'was designed by the Legislature not as a ...

docket:	a3442-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-11
status:	Unpublished
citation:
Document Size:	51173

9 STATE OF NEW JERSEY VS JOSEPH BAUMAN -- rank: 804

... the jury on the defense of diminished capacity, as per N.J.S.A. 2C:4-2. ����Since defense counsel did not request a charge on intoxication ...

docket:	a2640-94
court:	njappellate
decided:	1997-02-27
status:	published
citation:	298 N.J.Super. 176
Document Size:	88303

10 STATE OF NEW JERSEY v. KENNETH A. DUCKETT -- rank: 804

... record on November 4, 2010, the trial judge first considered N.J.S.A. 2C:4-2, which provides: "Evidence that the defendant suffered from a mental ... testimony was not relevant to the standards set forth in N.J.S.A. 2C:4-2, because, according to the judge, defendant admitted having "the requisite ...

docket:	a4382-10
court:	NJ Superior Court Appellate Division
decided:	2014-02-12
status:	unpublished
citation:
Document Size:	98770

11 STATE OF NEW JERSEY v. HASSAN A. LABAN -- rank: 783

... from testifying as to a dim inished capacity defense under N.J.S.A. 2C:4-2. We begin our analysis by acknowledging that the right to ... s testimony in support of a diminished capacity defense under N.J.S.A. 2C:4-2. We emphasize that the trial court did not base its ...

docket:	a0587-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-16
status:	Unpublished
citation:
Document Size:	45823

12 STATE OF NEW JERSEY v. RAMON RAMIREZ, JR -- rank: 778

... capacity defense. The defense of "diminished capacity" is defined in N.J.S.A. 2C:4-2 as follows: Evidence that the defendant suffered from a mental ... for an unlawful purpose. Not every mental condition qualifies under N.J.S.A. 2C:4-2 as a "disease or defect which would negate a state ... claim that would have supported a diminished capacity defense under N.J.S.A. 2C:4-2. As this was the entire basis for his claim of ...

docket:	a1264-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-05
status:	unpublished
citation:
Document Size:	25177

13 STATE OF NEW JERSEY v. TIMOTHY T. KNIGHT -- rank: 775

... Model Jury Charges (Criminal), 'Evidence of Mental Disease or Defect (N.J.S.A. 2C:4-2)' (rev. June 5, 2006). Pertinent to this appeal, the judge ...

docket:	a5797-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-07
status:	Unpublished
citation:
Document Size:	40621

14 STATE OF NEW JERSEY v. ANTQUION MILLER -- rank: 767

... v. Rivera, 205 N.J. 472, 487 (2011)); see also N.J.S.A. 2C:4-2 (providing in part '[e]vidence that the defendant suffered from ...

docket:	a1634-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-11
status:	Unpublished
citation:
Document Size:	45582

15 STATE OF NEW JERSEY v. JAY HILL -- rank: 759

... diagnosis" in Brala's report, "do not constitute circumstances under [ N.J.S.A. ] 2C:4-2 for purposes of diminished capacity." Rather, the judge concluded, "[i ... a defense. The defense of "diminished capacity" is defined in N.J.S.A. 2C:4-2 as follows: Evidence of Mental Disease or Defect Admissible When ... his personality and behavior. Not every mental condition qualifies under N.J.S.A. 2C:4-2 as a "disease or defect which would negate a state ... would have supported a diminished capacity defense in 2002 under N.J.S.A. 2C:4-2. As this was the entire basis for his claim of ...

docket:	a1614-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-28
status:	unpublished
citation:
Document Size:	48624