STATE v. BASS


189 N.J. Super. 461 (1983)

460 A.2d 223

STATE OF NEW JERSEY, PLAINTIFF, v. ALAN BASS AND RENEE NICELY, DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided March 22, 1983.


Attorney(s) appearing for the Case

E. Carl Broege, Assistant Deputy Public Defender, for defendant Renee Nicely (Joseph H. Rodriguez, Public Defender, attorney).

Michele Adubato for defendant Alan Bass (David Glazer, attorney).

Hilary L. Brunell, Assistant Prosecutor for the State (George C. Schneider, Essex County Prosecutor, attorney).


STERN, J.S.C.

Defendants assert a federal constitutional challenge, basically under the Sixth Amendment, seeking to prohibit "death qualification" of jurors in this capital cause. Alternatively, they claim that any "death qualification" must follow the guilt phase. In furtherance of their position defendants ask this court to consider testimony and proofs presented in other jurisdictions which they believe show that a "death qualified" jury is more likely to convict...

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