Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500
Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters

Sunday, February 21, 2016

State v. Raymond Daniels (A-90-13

State v. Raymond Daniels (A-90-13; 073504)
          In the context of a trial record that contains
          evidence of an incomplete affirmative defense and
          where the potential for jury confusion exists, a trial
          court may, over a defendant’s objections, issue a
          modified jury charge on the affirmative defense in
          order to elucidate legal principles pertinent to the
          evidence.  In so doing, the court must balance the
          need to educate the jury and the need to protect the
          defendant’s rights.  Here, the trial court’s
          affirmative defense charge on renunciation unfairly
          prejudiced the defense, requiring reversal and remand
          for a new trial.