STATE v. HUNT


115 N.J. 330 (1989)

558 A.2d 1259

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES I. HUNT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 9, 1989.


Attorney(s) appearing for the Case

Mark H. Friedman and Claudia Van Wyk, Assistant Deputy Public Defenders, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Catherine A. Foddai, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney).


The opinion of the Court was delivered by POLLOCK, J.

Defendant, James I. Hunt, was convicted by a jury of murder and sentenced to death. He filed a direct appeal challenging both the conviction and the sentence. R. 2:2-1(a)(3). We affirm defendant's conviction for murder, but we reverse the imposition of the death penalty.

We hold that in the penalty phase the trial court failed to instruct the jury that it must be convinced beyond a reasonable doubt...

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