State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Theodore Molnar, Defendant-Respondent and…

Summary

The Supreme Court of New Jersey affirmed the trial court's burden of proof instruction for the amnesia defense and held that the defendant must bear that burden by a preponderance of the evidence, while vacating the perjury conviction arising from the defendant's second grand jury testimony as an impermissible entrapment; the Court also declined to apply the New Jersey Code of Criminal Justice procedural provisions to the case because they were not justly applicable.