Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent and Cross-Appellant v. Thomas J. Koskovich, Defendant-Appellant and…

June 7, 2001168 N.J. 448

Summary

The Supreme Court of New Jersey affirmed the capital and non‑capital convictions but reversed the death sentence, finding reversible errors in the penalty‑phase jury instructions concerning victim‑impact testimony, the lack of a clear warning about non‑capital sentencing, and improper balancing language; the case was remanded for a new sentencing proceeding. Justice Coleman, dissenting, would have upheld the death sentence, while Justices LaVECCHIA, ZAZZALI, LONG, and STEIN each expressed separate disagreements with parts of the majority.