State of New Jersey v. Shem Walker (A-40-09)

State of New Jersey v. Shem Walker (A-40-09)7-28-10

Based on the evidence presented in the criminal trial in this matter, the trial court should have sua sponte charged the jury with the statutory affirmative defense to felony murder. However, because the jury’s findings negated most of the factors required to establish the affirmative defense, a new trial is not warranted.