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STATE v. CUPE

289 N.J. Super. 1 (1996)

672 A.2d 1233

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CYNTHIA CUPE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1996.

Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Mr. Kirsch, of counsel and on the brief).

Nancy A. Hulett, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General, attorney; Ms. Hulett, of counsel and on the brief).

Before Judges MICHELS, BAIME, and VILLANUEVA.

The opinion of the court was delivered by BAIME, J.A.D.

Defendant appeals the denial of her petition for post-conviction relief. At issue is whether State v. Coyle, 119 N.J. 194, 574 A.2d 951 (1990), which prohibits sequential jury charges in murder cases where there is evidence of passion/provocation, should be applied retroactively to convictions that had become final prior to the date the...

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