Legal Opinion · Concurrence

State v. Cooper

Supreme Court of New Jersey

Decided August 20, 1997Published

1ConcurrenceStein, J.

I concur in the judgment and join the Court’s opinion except with respect to section V.C. Although I agree with the Court’s determination that the trial court did not commit error in declining to inform the jury during the guilt phase of the potential sentence to be imposed in the event defendant was convicted of felony murder, the basis for my conclusion differs from the primary reasoning advanced by the Court. In my view, the fact that Mejia concerned a “Gerald mental-state determination” not implicated by the case before us, see ante at 375-377, 700 A.2d at 330-331, is not dispositive.…

2Cases cited23 opinions

  1. Simmons v. South CarolinaSupreme Court of the United States · 1994
  2. State v. MarshallSupreme Court of New Jersey · 1991
  3. Shannon v. United StatesSupreme Court of the United States · 1994
  4. Kentucky v. WhortonSupreme Court of the United States · 1979
  5. State v. MartiniSupreme Court of New Jersey · 1993

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