· 5/8/1997
State v. Delibero
Citations
- 692 A.2d 981
- 149 N.J. 90
- 1997 N.J. LEXIS 138
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding no plain error in jury instruction that was not erroneous, but simply “capable of being improved”
- holding no plain error in jury instruction that was not erroneous, but simply \capable of being improved\
- concluding trial court did not err in trying together, and charging jury on, defense theories of diminished capacity and insanity
- “A jury considers evidence of diminished capacity in relation to the State’s burden to prove the essential elements of the crime.” (citation omitted)
- \Diminished capacity describes a disease or defect of mind that may negate the mental state that is an element of the offense charged.\
- evidence of defendant’s mental state may be considered in determining whether or not the State has proven beyond a reasonable doubt that the defendant acted “knowingly”
Source: CourtListener parenthetical corpus (CC0).
Judges: O'Hern
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.