State of New Jersey, Plaintiff-Respondent and Cross-Appellant v. Bobby Lee Brown, Defendant-Appellant and…

Summary

The Supreme Court of New Jersey affirmed Bobby Lee Brown’s convictions for purposeful or knowing murder but vacated his death sentence because the trial court failed to instruct the jury that a non‑unanimous finding on the ‘by his own conduct’ issue was permissible, which would have resulted in a life sentence. The Court remanded for resentencing and ordered correction of the jury instruction and proper handling of merged convictions. The decision is contested by Handler, J., who filed a concurring‑in‑part/dissent‑in‑part opinion.