Legal Opinion · Concurring in part, dissenting in part

State v. McDougald

Supreme Court of New Jersey

Decided July 12, 1990Published

1Concurring in part, dissenting in partHandler, J.

In this case defendant was convicted of the murders of Walter Bass and Maria Bass. After a penalty hearing wherein the jury found beyond a reasonable doubt that aggravating factors outweighed mitigating factors with respect to each killing, the trial court imposed dual death sentences. The Court affirms the murder convictions and those for related offenses but reverses the death sentences due to charging errors on aggravating factor N.J.S.A. 2C:11-3c(4)(c). I concur in the Court’s judgment that defendant’s sentences must be reversed.

The Court concludes that there was no rational basis in the…

2Cases cited21 opinions

  1. State v. RamseurSupreme Court of New Jersey · 1987
  2. State v. GeraldSupreme Court of New Jersey · 1988
  3. State v. RoseSupreme Court of New Jersey · 1988
  4. State v. SimonSupreme Court of New Jersey · 1979
  5. State v. Crisantos (Arriagas)Supreme Court of New Jersey · 1986

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