State v. Harvey

The opinion of the Court was delivered by

CLIFFORD, J.

Defendant, Nathaniel Harvey, appeals from a capital-murder conviction and death sentence. Because the trial court’s jury instructions at the guilt phase did not comply with our later holding in State v. Gerald, 113 N.J. 40, 549 A.2d 792 (1988), we reverse the conviction and remand for a new trial.

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After Irene Schnaps failed to appear for work on June 17, 1985, a colleague went to her apartment at the Hunter’s Glen complex in Plainsboro. When no one answered, he entered through the unlocked door and found Schnaps dead on the bedroom…