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STATE v. MILNE

810 A.2d 588 (2002)

355 N.J. Super. 355

STATE of New Jersey, Plaintiff-Respondent, v. Shawn MILNE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 3, 2002.

Attorney(s) appearing for the Case

Mark A. Berman argued the cause for appellant (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Mr. Berman and Philip James Degnan, Newark, on the brief).

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for respondent (David Samson, Attorney General of New Jersey, attorney; Ms. Gochman, of counsel and on the brief).

Before Judges KING, WECKER and FUENTES.

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

This case involves defendant's claim for post-conviction relief. R. 3:22. He asserts that under the version of N.J.S.A. 2C:4-2, the "diminished capacity" defense, in force at the time of his trial in 1987, he was denied due process of law when convicted of knowing and purposeful murder, N.J.S.A. 2C:11-3, for a crime committed in 1985. At that time...

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