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Sunday, February 21, 2016

State v. Eugene C. Baum (A-107-13

State v. Eugene C. Baum (A-107-13; 073056)
          The jury instructions, taken as a whole, are neither
          ambiguous nor misleading because they did not blend,
          and explicitly distinguished, the concepts of mental
          disease or defect and self-induced intoxication, in
          charges that reflected an accurate statement of the
          law.  The sequence of instructions given by the court,
          addressing the diminished capacity defense followed by
          the self-induced intoxication instruction, did not
          negate the diminished capacity defense.