Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Marie Moore, Defendant-Appellant

October 26, 1988113 N.J. 239

Summary

The Supreme Court of New Jersey reversed Marie Moore's murder conviction and death sentence, holding that the trial court erred by failing to give the jury a diminished‑capacity instruction and a manslaughter instruction, and by improperly weighing aggravating and mitigating factors. The Court remanded for a new trial. Justice Handler, in a concurring opinion, agreed with the reversal and emphasized the "own conduct" element as an essential element of capital murder.