Legal Opinion
State v. Thomsen
New Jersey Superior Court Appellate Division
Decided December 1, 1998PublishedCited by 5 opinions
1Opinion of the Court
The opinion of the court was delivered by
KESTIN, J.A.D.
Based on evidence of defendant’s conduct on November 27, 1993, a jury found him guilty of eluding the police in a motor vehicle. The verdict sheet required the jury, upon a finding of guilt, “to indicate whether it is a 4th degree crime or a disorderly persons offense.” The jury found “eluding (4th degree crime) creating a risk of death or injury to any person.” See N.J.S.A. 2C:29-2b.
The indicated grading of the crime was erroneous. Although the offense was charged, prosecuted and given to the jury as a fourth degree matter, N.J.S.A.…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Polk County v. DodsonSupreme Court of the United States · 1981
- Berger v. United StatesSupreme Court of the United States · 1935
- Gardner v. FloridaSupreme Court of the United States · 1977
- Herring v. New YorkSupreme Court of the United States · 1975
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. ManzieSupreme Court of New Jersey · 2001
- State v. G.L.New Jersey Superior Court Appellate Division · 2011
- STATE OF NEW JERSEY VS. ANDRE NANCE (10-02-0206, UNION COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
- STATE OF NEW JERSEY VS. MICHAEL F. CALDERON (15-02-0461, ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2020
- State v. GLNew Jersey Superior Court Appellate Division · 2011