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STATE v. RODRIGUEZ

No. A-25/A-26 September Term 2007

949 A.2d 197 (2008)

195 N.J. 165

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Wilberto RODRIGUEZ, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided June 9, 2008.

Attorney(s) appearing for the Case

Lisa M. De Martini, Assistant Prosecutor, argued the cause for appellant and cross-respondent (Edward J. De Fazio, Hudson County Prosecutor, attorney).

Michael B. Jones, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Yvonne Smith Segars, Public Defender, attorney).

Steven A. Yomtov, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney).

Justice ALBIN delivered the opinion of the Court.

The central issue in this appeal is whether a person who has an honest and reasonable belief that the use of deadly force is necessary to repel an assailant from inflicting on him death or serious bodily harm can be criminally liable for the reckless manslaughter of that assailant. Essentially, we must decide whether a valid self-defense claim and a reckless manslaughter conviction of an aggressor are mutually exclusive...

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