Legal Opinion
State v. DeLuca
Supreme Court of New Jersey
Decided July 21, 1987PublishedCited by 76 opinions
1Opinion of the Court
The opinion of the Court was delivered by
POLLOCK, J.
The primary question on this appeal is whether an acquittal of death by auto, N.J.S.A. 2C:11-5, should bar a subsequent prosecution for driving while under the influence (the DWI charge), N.J.S.A. 39:4-50.
After a jury trial in the Law Division, defendant was acquitted of causing death by auto. Thereafter she moved in the Dover Township Municipal Court to dismiss the DWI charge, but the court denied the motion. On appeal, however, the Law Division granted the motion to dismiss. The Appellate Division affirmed, 208 N.J.Super. 422 (1986),…
2Cases cited30 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Green v. United StatesSupreme Court of the United States · 1957
25 more not listed; retrieve them via the Exa API.
3Cited by76 opinions
- Stephens v. StateCourt of Criminal Appeals of Texas · 1991
- State v. MillerSupreme Court of New Jersey · 1987
- State v. Churchdale Leasing, Inc.Supreme Court of New Jersey · 1989
- State v. BowensSupreme Court of New Jersey · 1987
- State v. YoskowitzSupreme Court of New Jersey · 1989
71 more not listed; retrieve them via the Exa API.