STATE v. OGLESBY


122 N.J. 522 (1991)

585 A.2d 916

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER EDWARD OGLESBY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 23, 1991.


Attorney(s) appearing for the Case

Jacqueline E. Turner and Daniel A. Warshawsky, Assistant Deputy Public Defenders, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney; Jacqueline E. Turner, Daniel A. Warshawsky, Matthew Astore, Deputy Public Defender II, and Joseph A. Carmen, on the briefs).

Richard W. Berg, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Richard W. Berg and Donald S. Burak, Deputy Attorney General, of counsel and on the briefs).


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

Defendant, Walter Oglesby, was convicted of capital murder and sentenced to death. He appeals as of right. R. 2:2-1(a)(3). At trial, defendant did not dispute that he had killed the victim. Instead he relied on the affirmative defense of insanity. N.J.S.A. 2C:4-1. In its jury instructions, the court charged not only on that defense, but also on diminished...

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