State v. Moore

NEWMAN, J.S.C.

This case raises a number of novel issues concerning the New Jersey death penalty statute. N.J.S.A. 2C:ll-3. By way of pretrial motions the defendants sought to strike the aggravating factor supported by N.J.S.A. 2C: 11 — 3(c)(4)(f), merge two aggravating factors supported by N.J.S.A. 2C:ll-3(c)(4)(g), limit the application of an aggravating factor based on N.J.S.A. 2C:ll-3(c)(4)(c) and eliminate the death penalty as a possible *567sanction because the defendants, as participants in a joint beating, may not be found to have committed the homicidal act by their own conduct. Lastly…