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STATE v. HESLOP

135 N.J. 318 (1994)

639 A.2d 1100

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NEVEL L. HESLOP, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 3, 1994.

Attorney(s) appearing for the Case

Steven M. Gilson, Designated Counsel, argued the cause for appellant (Zulima V. Farber, Public Defender, attorney).

Hilary L. Brunell, Assistant Prosecutor, argued the cause for respondent (Clifford J. Minor, Essex County Prosecutor, attorney).

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

The issue in this appeal is whether a jury instruction on passion/provocation manslaughter created sufficient prejudice to warrant the reversal of criminal convictions. The flaws in that instruction related to the sequence in which the court required the jury to consider the charged offenses and to the State's burden of proof with respect to passion/provocation as an element of the homicide. The jury acquitted...

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