voluntary intoxication defense (New Jersey) · Go Syfert
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voluntary intoxication defense in New Jersey

10 New Jersey opinions name it 2 courts 2011–2025 5 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 (7)

CaseFollowedCited
State v. Camerongreen
nj · 1986 · cited in 5 New Jersey opinions naming this issue, 2019–2025
2 sentences

2025As to diminished capacity, defendant submits his attorney was ineffective for "fail[ing] to investigate . . . how his mental diminished capacity in conjunction with voluntary intoxication interacted with one another to negate the requirement of forming an intent to establish murder." Defendant also points to the psychological evaluation conducted when he was fifteen years old, which left "undetermined" whether defendant's "paranoia and brief auditory hallucinations" were the result of "neurological deficits" or the beginning signs of "a more specific psychiatric disorder." Voluntary intoxicati

2019The Court in Cameron found a voluntary intoxication instruction was not warranted because the statements were "no more than conclusory labels, of little assistance in determining whether any drinking produced a prostration of faculties." Ibid.

35
State v. Stasiogreen
nj · 1979 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025To successfully raise such a defense, a defendant must demonstrate that he or she was "so intoxicated" that he or she had no intent to commit an offense, "a state of affairs [that] will likely exist in very few cases." State v. Cameron, 104 N.J. 42, 54 (1986) (quoting State v. Stasio, 78 N.J. 467, 495 (1979) (Pashman, J., concurring in result only and dissenting)).

11
State v. Johnsongreen
njsuperctappdiv · 1998 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021"Among the factors pertinent to this issue are . . . the quantity of intoxicant consumed, the period of time involved, the defendant's ability to recall significant events and his conduct as perceived by others." State v. Johnson, 309 N.J.

11
State v. Lawlessgreen
nj · 2013 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021In turning to defendant's assertion that the court impermissibly found aggravating factor eight while imposing sentence, we agree and remand for resentencing.2 Under N.J.S.A. 2C:44-1, "sentencing courts are cautioned to avoid 'double counting' circumstances that the Legislature has already incorporated as an element of the offense." State v. Lawless, 214 N.J. 594, 608 (2013). 2 The State concedes a remand for resentencing is appropriate.

11
State v. Timmendequasgreen
nj · 1999 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021We disagree. "[P]rosecutorial misconduct is not grounds for reversal of a criminal conviction unless the conduct was so egregious as to deprive [the] defendant of a fair trial." State v. Timmendequas, 161 N.J. 515, 575 (1999) (citing State v. Chew, 150 N.J. 30, 84 (1997)).

11
State v. Mauriciogreen
nj · 1990 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021It is well-settled that a voluntary intoxication defense can succeed only "if there exists a rational basis for the conclusion that defendant's 'faculties' were so 'prostrated' that he or she was incapable of forming an intent to commit the crime." State v. Mauricio, 117 N.J. 402, 418-19 (1990).

11
State v. Chewgreen
nj · 1997 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021We disagree. "[P]rosecutorial misconduct is not grounds for reversal of a criminal conviction unless the conduct was so egregious as to deprive [the] defendant of a fair trial." State v. Timmendequas, 161 N.J. 515, 575 (1999) (citing State v. Chew, 150 N.J. 30, 84 (1997)).

11

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 (2)

CaseCitedYears
State v. RT green
njsuperctappdiv · 2009
2 sentences

2021T., 411 N.J.

2019In State v. R.T., 411 N.J.

42011–2021
State v. RT green
nj · 2011
2 sentences

2016The following year we considered such circumstances in R.T., swpra, where the issue was whether a trial judge erred by charging the jury, sua sponte, with a voluntary intoxication instruction over defense counsel’s objection. 205 N.J. at 493 , 16 A.3d 365 .

2016The following year we considered such circumstances in R.T., swpra, where the issue was whether a trial judge erred by charging the jury, sua sponte, with a voluntary intoxication instruction over defense counsel’s objection. 205 N.J. at 493 , 16 A.3d 365 .

12016–2016

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:2-8 (5) NJ § N.J. Stat. § 2C:39-4 (5) NJ § N.J. Stat. § 2C:12-1 (4) NJ § N.J. Stat. § 2C:43-7.2 (4) NJ § N.J. Stat. § 2C:39-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 108 (1987–2026) FL 104 (1985–2025) WA 79 (1976–2026) KS 50 (1978–2026) PA 43 (2001–2026) TX 35 (2003–2026) IN 30 (1976–2020) KY 28 (1993–2025) NC 28 (1989–2026) IL 18 (1971–2025) MN 18 (1976–2023) CO 15 (2009–2026) OK 14 (1996–2018) AZ 12 (1984–2024) NJ 10 (2011–2025) MA 10 (1995–2018) NM 10 (1996–2026) UT 8 (2006–2026) WI 8 (1981–2025) MO 7 (1981–2009) MD 6 (1986–2012) TN 6 (1990–2016) NV 5 (2018–2021) GA 4 (1995–2010) NY 4 (2013–2025) MS 4 (1992–2017) AL 4 (1993–2016) MI 3 (1981–2023) DC 3 (1982–2025) OH 3 (1999–2022) LA 3 (2019–2026) ME 2 (2019–2019) WY 2 (1986–2002) MT 2 (1996–2003)

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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