Legal Opinion

State v. Matulewicz

Supreme Court of New Jersey

Decided May 11, 1989PublishedCited by 42 opinions

1Opinion of the Court

The opinion of the Court was delivered by

*192O’HERN, J.

Child abuse is not just a sociological phenomenon; it can be murder, and it can be capital murder. The question here is whether this is a capital murder case. In State v. McCrary, 97 N.J. 132 (1984), we approved, in limited circumstances, pretrial review of the factual basis for the statutory aggravating factors that the prosecutor seeks to use to establish death eligibility under New Jersey’s capital punishment act, N.J.S.A. 2C:11-3. This interlocutory appeal requires us to review an application of the McCrary procedures in light of our…

2Cases cited13 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Furman v. GeorgiaSupreme Court of the United States · 1972
  3. Zant v. StephensSupreme Court of the United States · 1983
  4. State v. RamseurSupreme Court of New Jersey · 1987
  5. State v. KoedatichSupreme Court of New Jersey · 1988

8 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. State v. MartiniSupreme Court of New Jersey · 1993
  2. State v. MooreSupreme Court of New Jersey · 1991
  3. State v. PerrySupreme Court of New Jersey · 1991
  4. State v. KleypasSupreme Court of Kansas · 2001
  5. State v. OgdenNew Mexico Supreme Court · 1994

37 more not listed; retrieve them via the Exa API.

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