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STATE v. MOORE

207 N.J. Super. 561 (1985)

STATE OF NEW JERSEY, PLAINTIFF, v. JAMES MOORE, CRAIG ADAMS, DAVID BOSTIC, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided June 13, 1985.

Attorney(s) appearing for the Case

John Matthews, Asst. Essex Cty. Pros., for plaintiff (George L. Schneider, Essex Cty. Pros., attorney).

Roy B. Greenman and Arnold I. Budin for defendant Adams (Thayer, Greenman & Budin, attorneys).

Roger A. Solomon and Ollis Douglas, Jr., Asst. Dep. Publ. Defs., for defendant Moore (Joseph H. Rodriguez, Publ. Def., attorney).

NEWMAN, J.S.C.

This case raises a number of novel issues concerning the New Jersey death penalty statute. N.J.S.A. 2C:11-3. By way of pretrial motions the defendants sought to strike the aggravating factor supported by N.J.S.A. 2C:11-3(c)(4)(f), merge two aggravating factors supported by N.J.S.A. 2C:11-3(c)(4)(g), limit the application of an aggravating factor based on N.J.S.A. 2C:11-3(c)(4)(c) and eliminate the death penalty as a possible...

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