STATE v. GARTLAND


149 N.J. 456 (1997)

694 A.2d 564

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ELLEN GARTLAND, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 19, 1997.


Attorney(s) appearing for the Case

Jacqueline E. Turner, Assistant Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney).

Catherine A. Foddai, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General of New Jersey, attorney).

Lawrence S. Lustberg argued the cause for amicus curiae, New Jersey Coalition for Battered Women (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Lustberg, Lenora M. Lapidus and James E. Ryan, on the brief).


PER CURIAM.

This appeal concerns the statutory duty to retreat before resorting to the use of deadly force in self-defense. In this case a woman killed her husband in a bedroom of their home. The jury convicted her of reckless manslaughter. She died while her appeal was pending. Three issues were argued in the case: (1) whether her appeal should be dismissed because it became moot upon her death; (2) whether the trial court erred in instructing the jury under the...

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