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STATE v. KOEDATICH

112 N.J. 225 (1988)

548 A.2d 939

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES JEROLD KOEDATICH, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided August 3, 1988.

Attorney(s) appearing for the Case

David A. Ruhnke and Jean D. Barrett, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Joseph Connor, Jr., Assistant Prosecutor, argued the cause for respondent (Lee S. Trumbull, Morris County Prosecutor, attorney).

Catherine A. Foddai, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney).

Eric Neisser argued the cause for amicus curiae American Civil Liberties Union of New Jersey.

The opinion of the Court was delivered by GARIBALDI, J.

In October 1984, a Morris County jury convicted the defendant, James J. Koedatich, for the murder of Amie Hoffman and sentenced him to death. He appeals directly to this Court as of right. See R. 2:2-1(a)(3). We affirm defendant's murder conviction. Because the trial court failed to instruct the jury properly in the sentencing phase, however, we must reverse the sentence of death and remand for a new sentencing...

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