State v. Kelly

Last updated
State v. Kelly
Seal of the Supreme Court of New Jersey.png
Court New Jersey Supreme Court
DecidedJuly 24, 1984
Citation(s) 97 N.J. 178; 478 A.2d 364
Case opinions
Majority: Wilentz
Concurrence/Dissent: Handler
Court membership
Judge(s) sitting Chief Justice Robert Wilentz
Justices Clifford, Garibaldi, Handler, O'Hern, Pollock, and Schreiber

State v. Kelly, 97 N.J. 178; 478 A.2d 364 (1984), [1] is a Supreme Court of New Jersey case where the defendant, Gladys Kelly, was on trial for the murder of her husband, Ernest Kelly with a pair of scissors. The Supreme Court reversed the case for further trial after finding that expert testimony regarding the defence's submission, that Kelly suffered from battered woman syndrome, was incorrectly excluded since battered woman syndrome was a proper subject for expert evidence. [2] Kelly was represented by Charles S. Lorber who is now with Mandelbaum Salsburg of West Orange N.J.

Contents

Implications

This is a notable case, both regarding the role of experts in new fields and in trials where the battered woman defense may be advanced, as is demonstrated by it being cited in other states, [3] by universities, [4] [5] and by the US Government. [6]

Further, it is cited as one of the notable opinions by Chief Justice Robert Wilentz. [7]

Related Research Articles

An Alford plea, in United States law, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence. In entering an Alford plea, the defendant admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt.

Sixth Amendment to the United States Constitution 1791 amendment enumerating rights related to criminal prosecutions

The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied most of the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.

The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy... trial." The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.

The abuse defense is a criminal law defense in which the defendant argues that a prior history of abuse justifies violent retaliation. While the term most often refers to instances of child abuse or sexual assault, it also refers more generally to any attempt by the defense to use a syndrome or societal condition to deflect responsibility away from the defendant. Sometimes the concept is referred to as the abuse excuse, in particular by the critics of the idea that guilty people may use past victimization to diminish the responsibility for their crimes.

The urban survival syndrome, in United States jurisprudence, can be used either as a defense of justification or of excuse. The first case using, unsuccessfully, the defense of "urban survival syndrome" is the 1994 Fort Worth, Texas murder trial of Daimion Osby.

Powell v. Alabama, 287 U.S. 45 (1932), was a landmark United States Supreme Court decision in which the Court reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama. The majority of the Court reasoned that the right to retain and be represented by a lawyer was fundamental to a fair trial and that at least in some circumstances, the trial judge must inform a defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must appoint one sufficiently far in advance of trial to permit the lawyer to prepare adequately for the trial.

In United States federal law, the Daubert standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a Daubert motion, a special motion in limine raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The Daubert trilogy are the three United States Supreme Court cases that articulated the Daubert standard:

Supreme Court of New Jersey The highest court in the U.S. state of New Jersey

The Supreme Court of New Jersey is the highest court in the U.S. state of New Jersey. In its current form, the Supreme Court of New Jersey is the final judicial authority on all cases in the state court system, including cases challenging the validity of state laws under the state constitution. It has the sole authority to prescribe and amend court rules and regulate the practice of law, and it is the arbiter and overseer of the decennial legislative redistricting. One of its former members, William J. Brennan Jr., became an Associate Justice of the Supreme Court of the United States.

Battered woman syndrome (BWS) is a pattern of signs and symptoms displayed by a woman who has suffered persistent intimate partner violence: whether psychological, physical, or sexual, from her male partner. It is classified in the ICD-9 as battered person syndrome, but is not in the DSM-5. It may be diagnosed as a subcategory of post-traumatic stress disorder (PTSD).

<i>R v Lavallee</i>

R v Lavallee, [1990] 1 S.C.R. 852 is a leading Supreme Court of Canada case on the legal recognition of battered woman syndrome. The judgment, written by Justice Bertha Wilson, is generally considered one of her most famous. The court held in favour of allowing battered woman syndrome to explain how the mental conditions for self-defence were present in this case, and Lavallee's acquittal was restored.

Stuart Jeff Rabner is the Chief Justice of the New Jersey Supreme Court. He served as New Jersey Attorney General, Chief Counsel to Governor Jon Corzine, and as a federal prosecutor at the U.S. Attorney's Office for the District of New Jersey.

Robert Nathan Wilentz was Chief Justice of the New Jersey Supreme Court from 1979 to 1996, making him the longest-serving Chief Justice since the Supreme Court became New Jersey's highest court in 1948.

Wiggins v. Smith, 539 U.S. 510 (2003), is a case in which the United States Supreme Court spelled out standards for "effectiveness" in the constitutional right to legal counsel guaranteed by the Sixth Amendment. Previously the court had determined that the Sixth Amendment included the right to "effective assistance" of legal counsel, but it did not specify what constitutes "effective", thus leaving the standards for effectiveness vague. In Wiggins v. Smith, the court set forth the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases Guideline 11.8.6.(1989), as a specific guideline by which to measure effectiveness and competence of legal counsel.

Barefoot v. Estelle, 463 U.S. 880 (1983), is a United States Supreme Court case. The Court ruled on the admissibility of clinical opinions given by two psychiatrists hired by the prosecution in answer to hypothetical questions regarding the defendant's future dangerousness and the likelihood that he would present a continuing threat to society in this Texas death penalty case. The American Psychiatric Association submitted an amicus curiae brief in support of the defendant's position that such testimony should be inadmissible and urging curtailment of psychiatric testimony regarding future dangerousness and a prohibition of such testimony based on hypothetical data.

People v. Berry is a voluntary manslaughter case that is widely taught in American law schools for the appellate court's unusual interpretation of heat of passion doctrine. Although the defendant had time to "cool down" between his wife's verbal admission of infidelity and the killing, the California Supreme Court held that the provocation in this case was adequate to reduce a murder charge to manslaughter. The lower court had relied on the traditional definition of "adequate provocation" in its jury instructions. The California Supreme Court reversed Berry's murder conviction, while affirming Berry's conviction for assault using deadly force.

<i>Landeros v. Flood</i>

Landeros v. Flood was a 1976 court case in the state of California involving child abuse and alleged medical malpractice.

A citizen’s right to a trial by jury is a central feature of the United States Constitution. It is considered a fundamental principle of the American legal system.

The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."

Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining. The Court ruled that when a lawyer's ineffective assistance leads to the rejection of a plea agreement, a defendant is entitled to relief if the outcome of the plea process would have been different with competent advice. In such cases, the Court ruled that the Sixth Amendment requires the trial judge to exercise discretion to determine an appropriate remedy.

References

  1. State v. Kelly, 97 N.J. 178; 478 A.2d 364 (1984).
  2. State v. Kelly, Supreme Court of New Jersey, 1984, AudioCaseFiles
  3. Full text here "STATE of New Jersey, Plaintiff-Respondent v. Gladys KELLY, Defendant-Appellant", West Virginia State Web Portal
  4. "BATTERED-WOMAN'S SYNDROME - Evidentiary Use in Criminal Trials: A Resource for Researchers", Georgia State University College of Law, 2002
  5. "EFFECTIVE ASSISTANCE OF COUNSEL FOR BATTERED WOMEN DEFENDANTS: A NORMATIVE CONSTRUCT", Sarah M. Buel, Harvard Law School
  6. "The Validity and Use of Evidence Concerning Battering and Its Effects in Criminal Trials", National Criminal Justice Reference Service, US Department of Justice
  7. "New Jersey's Chief Justices 1948--: Selected References"