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

Summary

The New Jersey Supreme Court reversed Marie Moore's capital murder conviction and death sentence because the trial court failed to charge diminished capacity, omitted lesser‑included offense instructions, and erred in jury instructions on mitigating/aggravating factors and the "own conduct" requirement; the case is remanded for a new trial. Justice Handler, in a concurring opinion, agreed with the reversal but offered additional commentary on the "own conduct" element and the penalty‑phase juror substitution.