STATE v. PURNELL


126 N.J. 518 (1992)

601 A.2d 175

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. BRAYNARD PURNELL, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided January 15, 1992.


Attorney(s) appearing for the Case

Bernadette DeCastro, Assistant Deputy Public Defender, and James K. Smith, Jr., Deputy Public Defender, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney; Bernadette DeCastro, James K. Smith, and Claudia Van Wyk, Deputy Public Defender II, on the briefs).

Sandra M. Iammatteo, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).


The opinion of the Court was delivered by O'HERN, J.

The central question in this capital appeal is whether a jury may impose a sentence of death on the basis that the murder was committed in the course of a felony without being permitted to consider, in the guilt-innocence phase of the capital trial, the non-capital verdict of felony murder. We find such a procedure to be constitutionally defective. The right to trial by...

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