Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Lee Funderburg (a/K/A Lee E. Funderburg), Defendant-Respondent

May 5, 2016225 N.J. 66

Summary

The Supreme Court of New Jersey held that the trial judge was not required to give a sua sponte jury instruction on attempted passion/provocation manslaughter because the record did not clearly indicate the objective elements of that lesser‑included offense. Accordingly, the Court reversed the Appellate Division’s decision and remanded the case to reinstate the defendant’s conviction for attempted murder and related offenses.