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STATE v. YOTHERS

282 N.J. Super. 86 (1995)

659 A.2d 514

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DALE A. YOTHERS, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 1995.

Attorney(s) appearing for the Case

Charles M. Ouslander argued the cause for appellant (Maryann K. Bielamowicz, Mercer County Prosecutor, attorney; Loni M. Hand, Mr. Ouslander, of counsel, and on the brief).

Jacqueline E. Turner, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney; Ms. Turner, of counsel, and on the brief).

Catherine A. Foddai, Deputy Attorney General, argued the cause Amicus Curiae (Deborah T. Poritz, Attorney General, attorney; Ms. Foddai, of counsel, and on the brief).

Before Judges SHEBELL, SKILLMAN and WALLACE.

The opinion of the court was delivered by SHEBELL, P.J.A.D.

This case involves the limited issue of whether the death penalty may be imposed for purposely or knowingly causing serious bodily injury resulting in death where the offense occurred after adoption of the State constitutional amendment declaring such punishment not cruel and unusual punishment, but before the amendment of N.J.S.A. 2C:11-3 to expressly provide that SBI murder may support a death sentence...

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