STATE v. TOWNSEND


897 A.2d 316 (2006)

186 N.J. 473

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Walter TOWNSEND, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided May 15, 2006.


Attorney(s) appearing for the Case

Debra A. Owens, Deputy Attorney General, argued the cause for appellant and cross-respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Yvonne Smith Segars, Public Defender, attorney).

Lawrence S. Lustberg and Megan Lewis, Newark, submitted a brief on behalf of amicus curiae, New Jersey Coalition for Battered Women (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys).


JUSTICE WALLACE, JR. delivered the opinion of the Court.

Twenty years after the death of his girlfriend, defendant was indicted for her murder. At trial, the State presented expert testimony related to battered women and battered woman's syndrome to convince the jury that the victim's dying declaration exonerating defendant was not credible. The jury found defendant guilty of murder. On appeal, the Appellate Division reversed, finding error in the admission of testimony...

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