Legal Opinion

State v. DiFrisco

Supreme Court of New Jersey

Decided July 5, 2006PublishedCited by 9 opinions

1Opinion of the CourtJustice Zazzali

In Gregg v. Georgia, the United States Supreme Court declared that “the penalty of death is different in kind from any other punishment imposed under our system of criminal justice.” 428 U.S. 153, 188, 96 S.Ct. 2909, 2932, 49 L.Ed.2d 859, 883 (1976). In light of that simple and profound consideration, this Court has taken extreme care to ensure that no death sentence is imposed in an arbitrary and capricious manner. In this case, four separate members of the same Court over two terms found for different reasons that a sentence of death was not warranted. Nevertheless, today defendant is…

2Cases cited35 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Pulley v. HarrisSupreme Court of the United States · 1984
  4. State v. RamseurSupreme Court of New Jersey · 1987
  5. Loper v. BetoSupreme Court of the United States · 1972

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3Cited by9 opinions

  1. State v. JacksonNew Jersey Superior Court Appellate Division · 2018
  2. Hartford Life & Accident Insurance v. NittoloDistrict Court, D. New Jersey · 1997
  3. STATE OF NEW JERSEY VS. CLARENCE E. SCOTT (98-05-0493, PASSAIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
  4. STATE OF NEW JERSEY VS. HAMID ABDUL-SHABAZZ (04-01-0037, PASSAIC COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
  5. STATE OF NEW JERSEY VS. R.K v. (03-04-0222, CAPE MAY COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2018

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