Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Steven Anthony Galloway, Defendant-Appellant

August 2, 1993133 N.J. 631

Summary

The Supreme Court of New Jersey reversed the murder conviction and the third‑degree child‑endangerment conviction, holding that the trial court erred by failing to give a proper diminished‑capacity instruction and by improperly submitting a third‑degree child‑endangerment charge. The Court remanded for a new trial on murder with the correct instruction and on a fourth‑degree child‑endangerment charge only. Justice O'Hern, concurring, noted the recent constitutional amendment concerning the death penalty.