STATE v. TIMMONS


192 N.J. Super. 141 (1983)

469 A.2d 46

STATE OF NEW JERSEY, PLAINTIFF, v. JOHN ROBERT TIMMONS, DEFENDANT.

Superior Court of New Jersey, Law Division Middlesex County.

Decided September 6, 1983.


Attorney(s) appearing for the Case

Thomas J. Kapsak, Assistant Prosecutor, for plaintiff (Alan A. Rockoff, Middlesex County Prosecutor, attorney).

Edward J. Byrne, Assistant Deputy Public Defender, for defendant (Bradley Ferencz, Deputy Public Defender, attorney).


DEEGAN, J.S.C.

This is a two-part motion by defense counsel seeking to (1) preclude allegation of aggravating factors by the State under N.J.S.A. 2C:11-3(c)(4) beyond the date of this motion and (2) an order precluding the imposition of the death penalty by the sentencer. The motion was not opposed by the State. The State also conceded that it had not discovered any aggravating factors though its investigation was complete, and that, consequently, while not...

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