State of New Jersey v. William E. Rivera, a/k/a Juan
Rivera (A-11-10) 4-26-11
A trial court’s sua sponte obligation to instruct the
jury in respect of any defense – whether affirmative
or tailored to negate an element of the offense – is
triggered only when the evidence clearly indicates or
clearly warrants such a charge, without the trial
court having to scour the record in detail to find
such support.
