Legal Opinion
State v. Moore
Supreme Court of New Jersey
Decided January 23, 1991PublishedCited by 158 opinions
1Opinion of the Court
The opinion of the Court was delivered by
O’HERN, J.
This capital case was tried in June of 1987, four months before our decision in State v. Breakiron, 108 N.J. 591, 532 A.2d 199 (1987). The date is crucial because the pivotal question in this case is the application of the diminished-capacity defense established under N.J.S.A. 2C:4-2. In Breakiron we *426ruled that even though the statute imposed a burden of proof on the defendant to establish the diminished-capacity defense, the burden imposed was to show only the existence of the mental disease or defect, not that the disease or defect would…
2Cases cited84 opinions
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Lockett v. OhioSupreme Court of the United States · 1978
- Wainwright v. WittSupreme Court of the United States · 1985
- Dunaway v. New YorkSupreme Court of the United States · 1979
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3Cited by158 opinions
- State v. DiFriscoSupreme Court of New Jersey · 1994
- State v. MarreroSupreme Court of New Jersey · 1997
- State v. TimmendequasSupreme Court of New Jersey · 1999
- State v. ReynoldsSupreme Court of Connecticut · 2003
- State v. HarveySupreme Court of New Jersey · 1997
153 more not listed; retrieve them via the Exa API.