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STATE v. CLAUSELL

121 N.J. 298 (1990)

580 A.2d 221

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. JAMES D. CLAUSELL, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided August 30, 1990.

Attorney(s) appearing for the Case

Lowell Espey, Designated Counsel, James K. Smith, Jr., Deputy Public Defender, argued the cause for appellant and cross-respondent (Wilfredo Caraballo, Public Defender of New Jersey, attorney; Lowell Espey and Christine M. Cook, Designated Counsel, of counsel; Lowell Espey, Christine M. Cook and Susan T. Sinis, on the briefs).

James E. Jones, Jr., Deputy Attorney General, argued the cause for respondent and cross-appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

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

A jury convicted defendant, James Clausell, of capital murder, three counts of aggravated assault, possession of a firearm with the purpose to use it unlawfully against the person of another, and possession of a handgun without a permit. Defendant appealed to this Court as of right. R. 2:2-1(a)(3). The State concedes that the trial court failed to instruct the jury that defendant could be convicted of capital...

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