STATE v. FOWLER

A-5 September Term 2018 080880.

216 A.3d 152 (2019)

239 N.J. 171

STATE of New Jersey, Plaintiff-Appellant, v. Joey J. FOWLER, a/k/a Joey Williams, Shaquan Williams, Shaquan Harris, and Joey Flower, and Jamil L. Hearns, a/k/a Khalil Hearns, Jay L. Love, Jayson Love, James Holmes, and Jameel Hearns, Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 30, 2019.


Attorney(s) appearing for the Case

Milton S. Leibowitz , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant ( Michael A. Monahan , Acting Union County Prosecutor, attorney; Milton S. Leibowitz, of counsel and on the briefs).

Marcia Blum , Assistant Deputy Public Defender, argued the cause for respondent Joey J. Fowler ( Joseph E. Krakora , Public Defender, attorney; Marcia Blum, of counsel and on the briefs).

Michael Confusione , Designated Counsel, argued the cause for respondent Jamil L. Hearns ( Joseph E. Krakora , Public Defender, attorney; Michael Confusione, on the briefs and Jamil L. Hearns, pro se, on the supplemental brief).

Lauren Bonfiglio , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Lauren Bonfiglio, of counsel and on the brief).

Michael Gilberti argued the cause for amicus curiae Association of Criminal Defense Attorneys of New Jersey (Jardim, Meisner & Susser, attorneys; Michael Gilberti, on the brief).


In this appeal, we review an Appellate Division judgment that reversed the murder convictions of defendants Joey Fowler and Jamil Hearns. The appellate judgment rests on perceived error from omitted jury instructions.

Review of the alleged instructional error at issue must be moored to...

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