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NEW JERSEYANS FOR DEATH PENALTY v. N.J. DEPT. OF CORRECTIONS

850 A.2d 530 (2004)

370 N.J. Super. 11

NEW JERSEYANS FOR A DEATH PENALTY MORATORIUM, Respondent/Cross-Appellant, v. NEW JERSEY DEPARTMENT OF CORRECTIONS and Devon Brown, Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 16, 2004.

Attorney(s) appearing for the Case

David M. Ragonese, Deputy Attorney General, argued the cause for appellant/cross-respondent (Peter C. Harvey, Attorney General, attorney; Patrick DeAlmeida, Deputy Attorney General, of counsel; Mr. Ragonese, on the brief).

Kevin D. Walsh, Buffalo, NY, argued the cause for respondent/cross-appellant (Mr. Walsh on the brief).

Before Judges PRESSLER, ALLEY and BILDER.

The opinion of the court was delivered by

BILDER, J.A.D. (retired and temporarily assigned on recall).

This appeal arises from public interest litigation with respect to the adoption by the Department of Corrections of regulations prescribing procedures for carrying out a sentence of death by lethal injection. In connection with that litigation, plaintiff New Jerseyans for a Death Penalty Moratorium, after failing...

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