Legal Opinion
State v. Erazo
Supreme Court of New Jersey
Decided August 8, 1991PublishedCited by 112 opinions
1Opinion of the Court
The opinion of the Court was delivered by
POLLOCK, J.
A jury convicted defendant, Samuel Erazo, of capital murder and possession of a weapon for an unlawful purpose. He appealed as of right to this Court. R. 2:2-1(a)(3). As the State recognizes, the trial court gave two erroneous charges on the murder count. The instruction concerning manslaughter impermissibly shifted to defendant the burden of proving passion/provocation. See State v. Grunow, 102 N.J. 133, 506 A.2d 708 (1986). Furthermore, the court failed to instruct that defendant could be convicted of capital murder only if he knowingly or…
2Cases cited41 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Francis v. FranklinSupreme Court of the United States · 1985
- Boyde v. CaliforniaSupreme Court of the United States · 1990
- State v. RamseurSupreme Court of New Jersey · 1987
36 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- State v. MarshallSupreme Court of New Jersey · 1997
- State v. CofieldSupreme Court of New Jersey · 1992
- State v. MarreroSupreme Court of New Jersey · 1997
- State v. TimmendequasSupreme Court of New Jersey · 1999
- State v. ReddishSupreme Court of New Jersey · 2004
107 more not listed; retrieve them via the Exa API.