A new trial has been ordered for a New Jersey man sentenced to six decades in prison in the stabbing death of his girlfriend more than a decade ago.
The appellate court, however, said state lawmakers in 1999 eliminated a requirement to retreat in one’s home, a change prompted by concern for victims of domestic violence who attempt to defend themselves from attacks in their own homes. The judge’s instruction "imposed a duty" on James to retreat "where none existed," it said.
The appeals court acknowledged what it called a "staggering" number of stab wounds on the victim and said it was not expressing an opinion on the credibility of a self-defense claim in the case. But jurors received incorrect instructions and a new jury needs to hear the argument, the court said. The county prosecutor's office declined comment on the decision. The state public defender's office, which argued the appeal, hailed it as underscoring "the necessity for legally correct and understandable jury instructions."
James had been sentenced to 60 years with a minimum term of more than 50 years before he would be eligible for parole.
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