statutory affirmative defense (New Jersey) · Go Syfert
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statutory affirmative defense in New Jersey

6 New Jersey opinions name it 2 courts 1995–2020 0 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State v. Walkergreen
nj · 2010 · cited in 3 New Jersey opinions naming this issue, 2016–2020
2 sentences

2020A In considering the failure to sua sponte charge the felony murder defense, the Court in State v. Walker, 203 N.J. 73, 86-87 (2010), determined that the A-1320-17T4 18 same standard that is applied when a defendant hasn't requested instructions on lesser-included charges applies to a defendant's failure to request the statutory affirmative defense to felony murder.

2019After we affirmed the convictions and sentence, id. at 27, the Supreme Court granted defendant's petition for certification, "limited to the issue of whether the trial court's failure to instruct the jury regarding the statutory affirmative defense to felony murder constituted plain error." State v. Walker, 201 N.J. 146 (2009).

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
State v. Smith green
njsuperctappdiv · 1999
2 sentences

2010He asserts that the four prongs of the statutory defense should be analyzed at the time a defendant ceases active participation in the crime, which is consistent with the Appellate Division’s decision in State v. Smith, 322 N.J.Super. 385, 397 , 731 A.2d 77 (App.Div.), certif. denied, 162 N.J. 489 , 744 A.2d 1211 (1999), and that he presented evidence to satisfy each prong of the defense.

2010He asserts that the four prongs of the statutory defense should be analyzed at the time a defendant ceases active participation in the crime, which is consistent with the Appellate Division’s decision in State v. Smith, 322 N.J.Super. 385, 397 , 731 A.2d 77 (App.Div.), certif. denied, 162 N.J. 489 , 744 A.2d 1211 (1999), and that he presented evidence to satisfy each prong of the defense.

12010–2010
State v. Sheika green
njsuperctappdiv · 2001
2 sentences

2010Id. at 250-51 , 766 A.2d 1151 .

2010Id. at 250-51 , 766 A.2d 1151 .

12010–2010
State v. Turay neutral
nj · 2009
2 sentences

2010We granted defendant’s Petition for Certification limited to the issue of whether the trial court’s failure to instruct the jury regarding the statutory affirmative defense to felony murder constituted plain error. 201 N.J. 146 , 988 A.2d 566 (2009).

2010We granted defendant’s Petition for Certification “limited to the issue of whether the trial court’s failure to instruct the jury regarding the statutory affirmative defense to felony murder constituted plain error.” 201 N.J. 146 , 988 A.2d 566 (2009).

12010–2010
State v. Martin green
nj · 1990
1 sentence

2010Id. at 22, 573 A.2d 1359 (citing II Criminal Law Revision Commission, Final Report of the New Jersey Criminal Law Revision § 2C:ll-3 commentary at 156-58 (1971)).

12010–2010
State v. Underwood green
njsuperctappdiv · 1995
2 sentences

1996The general rule is that it is plain error for a court to omit a charge concerning a statutory affirmative defense that has been established by evidence in the case, “regardless of what requests counsel may make.” State v. Moore, 113 N.J. 239, 287-288 , 550 A.2d 117 (1988) (regarding the statutory defense of diminished capacity); State v. Underwood, 286 N.J.Super. 129, 138 , 668 A.2d 447 (App.Div.1995) (concerning the statutory defense to theft that the property was received with a purpose of returning it to the true owner); State v. Jasvilewicz, 205 N.J.Super. 558, 574-575 , 501 A.2d 583 (App

1996The general rule is that it is plain error for a court to omit a charge concerning a statutory affirmative defense that has been established by evidence in the case, “regardless of what requests counsel may make.” State v. Moore, 113 N.J. 239, 287-288 , 550 A.2d 117 (1988) (regarding the statutory defense of diminished capacity); State v. Underwood, 286 N.J.Super. 129, 138 , 668 A.2d 447 (App.Div.1995) (concerning the statutory defense to theft that the property was received with a purpose of returning it to the true owner); State v. Jasvilewicz, 205 N.J.Super. 558, 574-575 , 501 A.2d 583 (App

11996–1996
State v. Jasuilewicz green
njsuperctappdiv · 1985
2 sentences

1996The general rule is that it is plain error for a court to omit a charge concerning a statutory affirmative defense that has been established by evidence in the case, “regardless of what requests counsel may make.” State v. Moore, 113 N.J. 239, 287-288 , 550 A.2d 117 (1988) (regarding the statutory defense of diminished capacity); State v. Underwood, 286 N.J.Super. 129, 138 , 668 A.2d 447 (App.Div.1995) (concerning the statutory defense to theft that the property was received with a purpose of returning it to the true owner); State v. Jasvilewicz, 205 N.J.Super. 558, 574-575 , 501 A.2d 583 (App

1996The general rule is that it is plain error for a court to omit a charge concerning a statutory affirmative defense that has been established by evidence in the case, “regardless of what requests counsel may make.” State v. Moore, 113 N.J. 239, 287-288 , 550 A.2d 117 (1988) (regarding the statutory defense of diminished capacity); State v. Underwood, 286 N.J.Super. 129, 138 , 668 A.2d 447 (App.Div.1995) (concerning the statutory defense to theft that the property was received with a purpose of returning it to the true owner); State v. Jasvilewicz, 205 N.J.Super. 558, 574-575 , 501 A.2d 583 (App

11996–1996
State v. Moore green
nj · 1988
2 sentences

1996The general rule is that it is plain error for a court to omit a charge concerning a statutory affirmative defense that has been established by evidence in the case, “regardless of what requests counsel may make.” State v. Moore, 113 N.J. 239, 287-288 , 550 A.2d 117 (1988) (regarding the statutory defense of diminished capacity); State v. Underwood, 286 N.J.Super. 129, 138 , 668 A.2d 447 (App.Div.1995) (concerning the statutory defense to theft that the property was received with a purpose of returning it to the true owner); State v. Jasvilewicz, 205 N.J.Super. 558, 574-575 , 501 A.2d 583 (App

1996The general rule is that it is plain error for a court to omit a charge concerning a statutory affirmative defense that has been established by evidence in the case, “regardless of what requests counsel may make.” State v. Moore, 113 N.J. 239, 287-288 , 550 A.2d 117 (1988) (regarding the statutory defense of diminished capacity); State v. Underwood, 286 N.J.Super. 129, 138 , 668 A.2d 447 (App.Div.1995) (concerning the statutory defense to theft that the property was received with a purpose of returning it to the true owner); State v. Jasvilewicz, 205 N.J.Super. 558, 574-575 , 501 A.2d 583 (App

11996–1996
State v. Bzura neutral
nj · 1993
1 sentence

1996While we have found no case specifically treating the omission of a claim of right defense as plain error, in State v. Bzura, 261 N.J.Super. 602 , 619 A.2d 647 (App.Div.), certif. denied, 133 N.J. 443 , 627 A.2d 1147 (1993), we held that the defendant was not prejudiced by the absence of a specific jury charge concerning claim of right because the trial court’s instructions had specifically addressed the defense’s claim of right theory.

11996–1996
State v. Bzura green
njsuperctappdiv · 1993
2 sentences

1996While we have found no case specifically treating the omission of a claim of right defense as plain error, in State v. Bzura, 261 N.J.Super. 602 , 619 A.2d 647 (App.Div.), certif. denied, 133 N.J. 443 , 627 A.2d 1147 (1993), we held that the defendant was not prejudiced by the absence of a specific jury charge concerning claim of right because the trial court’s instructions had specifically addressed the defense’s claim of right theory.

1996While we have found no case specifically treating the omission of a claim of right defense as plain error, in State v. Bzura, 261 N.J.Super. 602 , 619 A.2d 647 (App.Div.), certif. denied, 133 N.J. 443 , 627 A.2d 1147 (1993), we held that the defendant was not prejudiced by the absence of a specific jury charge concerning claim of right because the trial court’s instructions had specifically addressed the defense’s claim of right theory.

11996–1996
Leland v. Oregon green
scotus · 1952
2 sentences

1995Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

1995Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952).

11995–1995

Where else courts name it

WA 26 (1984–2026) NY 13 (1972–2024) GA 12 (1999–2026) TX 12 (1985–2025) MI 12 (2014–2020) IL 6 (2004–2022) PA 6 (1987–2023) NJ 6 (1995–2020) CT 5 (1988–1999) AR 4 (1991–2004) CO 4 (2011–2025) AZ 3 (2015–2016) DC 3 (1971–2022) WI 2 (1989–2003) VA 2 (2017–2019) NC 2 (2015–2015) NV 2 (2017–2017) CA 2 (2004–2024) NM 2 (2015–2015) HI 2 (2020–2020) OH 2 (2007–2020)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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