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Wednesday, September 25, 2013

State v. Robert Handy (A-68-11; 069022)

State v. Robert Handy (A-68-11; 069022) 
The bifurcated trial procedure created in State v. Kahn, 175 N.J. Super. 72 (App. Div. 1980), is disapproved and that decision is overruled. In the future, trials that involve both a substantive defense and an insanity defense must be unitary proceedings. The matter is remanded to the trial court to afford defendant the opportunity to continue in a second phase of his trial which he may present his self-defense claim. 9-9-13