In re Marquette Transp. Co., LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a self-defense instruction is required, even when not requested, where the evidence indicates a rational basis for instructing it
• holding that any error in charging the jury regarding passion/provocation manslaughter, when that charge “had no foundation in the evidence[,]” constitutes harmless error and is incapable of depriving a defendant of a fair trial
• holding the trial judge erred by instructing on passion/provocation manslaughter when there was no evidence of reasonable provocation and because the defendant's theory of the case was that victim's death was accidental
• noting that appellate courts disfavor reaching issues, even constitutional ones, not raised below
• explaining that the difference between reckless manslaughter (under N.J. Stat. Ann. § 2C:11-4(b)(1)) and aggravated manslaughter for “recklessly caus[ing] death under circumstances manifesting extreme indifference to human life” (under N.J. Stat. Ann. § 2C:11-4(a)(1)
• observing that despite the trial court's accurate instructions, \the verdict sheet improperly directed the jury not to consider the issue of passion/provocation unless it had already reached a guilty verdict on the murder charge.\

Source: CourtListener parenthetical corpus (CC0).