The majority continued in relevant part: This appeal presents a stark contrast to those cases. Here, it is undisputed that the three victims were left in their home with their hands tied behind their backs — the father forced into the basement and his daughters in an upstairs room. Defendant “released” none of them within […]
Kidnapping and Jury Verdict Sheets (Part 3)
Justice Patterson continued in relevant part: As in Galicia, there is no basis in this case for a finding of plain error. As it deliberated, the jury had the trial court’s precise and accurate explanation of the first-degree and second-degree kidnapping standards — not only as verbally delivered in court, but in written form in […]
Kidnapping and Jury Verdict Sheets (Part 2)
The majority continued in relevant part: In Galicia, we reviewed for plain error a verdict sheet addressing the passion/provocation manslaughter statute, which reduces a defendant’s offense from murder to manslaughter when “a homicide which would otherwise be murder under, other than felony murder, is ‘committed in the heat of passion resulting from a reasonable provocation.” […]
Kidnapping and Jury Verdict Sheets (Part 1)
On August 6, 2019, the New Jersey Supreme Court decided the Camden County case of State v. Keith Cuff. The principal issue under the kidnapping statute, N.J.S.A. 2C:13-1, is whether omitting questions in the verdict sheet pertaining to the less serious kidnapping offense was plain error under the circumstances. Justice Patterson wrote for a 5-1 […]
Vehicular Homicide and Consecutive Sentences (Part 3)
The New Jersey Supreme Court continued in relevant part: We find no “deviation from [the Code’s sentencing] objectives, in view of the standards and criteria therein set forth,” in the trial court’s determination, and accordingly we find no error. See Roth, (quoting Cox, 396 N.E.2d at 65). A court, acting within its broad discretion, could […]
Vehicular Homicide and Consecutive Sentences (Part 2)
Justice Patterson continued in relevant part: Nothing in the trial court’s determination in this case suggests that it reached its decision through the application of a presumption, contrary to the Appellate Division’s suggestion. In the court’s detailed consideration of the facts before it, and its citation to the language of Carey, there was no mention […]
Vehicular Homicide and Consecutive Sentences (Part 1)
On August 6, 2019, the New Jersey Supreme Court decided the case of State v. William Liepe. The principal issue under N.J.S.A. 2C:44-5 was whether three consecutive sentences and an aggregate 32-year term for vehicular homicide and assault shocked the judicial conscience and required reversal. Justice Patterson wrote for a unanimous Court. She held in […]
Competence and Forced Medication (Part 2)
The Appellate Division continued in relevant part: The federal circuit courts have differed on how to apply the first factor under Sell: some rely on the maximum sentence for the charges to evaluate if the crime is serious; others consider the defendant’s probable sentence. We agree with the trial judge that Sell‘s first factor requires […]
Competence and Forced Medication (Part 1)
On July 31, 2019, a three-judge appellate panel decided the Somerset County case of State v. R.G. The principal issue under N.J.S.A 2C:4-4 was the standard for compelling a defendant to take anti-psychotic medication in order to make him competent to stand trial. Judge Suter wrote for the panel and held in relevant part: We […]
Self-Defense and Injuries to Third Parties (Part 2)
Justice LaVecchia continued in relevant part: Most telling that a traditional self-defense charge was not an applicable instruction in this instance was defense counsels’ request for a “self-defense slash accident” instruction, seemingly conceding that this was not an alleged act of self-defense, but a situation of a different ilk. It was. The victim, Johnson, was […]
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