STATE v. LAWTON


298 N.J. Super. 27 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WILLIAM LAWTON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 25, 1997.


Attorney(s) appearing for the Case

Susan Reisner, Public Defender, attorney for appellant (Diana H. Jeffrey, Designated Counsel, on the brief).

Charles R. Buckley, Deputy Attorney General, Acting Bergen County Prosecutor, attorney for respondent (Susan W. Sciacca, Special Deputy Attorney General, Acting Assistant Prosecutor, on the brief).

Before Judges PRESSLER, HUMPHREYS and WECKER.


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

Defendant appeals the denial of his motion for post-conviction relief. He asserts that his 1987 conviction for first degree murder and possession of a handgun should be vacated. He contends:

I. THE JURY INSTRUCTIONS WERE INHERENTLY CONFUSING, CONTRADICTORY, AND IMPERMISSIBLY SHIFTED THE BURDEN OF PROOF ONTO THE DEFENDANT, RESULTING IN PLAIN ERROR. A. Taken In Its Entirety, The Instruction...

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