Opinion
C-542 September Term 2021 086644
06-06-2022
STATE of New Jersey, Plaintiff-Respondent, v. Timothy J. CANFIELD, Defendant-Petitioner.
ORDER
A petition for certification of the judgment in A-005586-18 having been submitted to this Court, and the Court having considered the same;
It is ORDERED that the petition for certification is granted, limited to defendant's argument that the trial court should have sua sponte instructed the jury on passion/provocation manslaughter, including whether, as recommended by the Appellate Division in this matter, State v. Canfield, 470 N.J.Super. 234, 297-302 (App. Div. 2022), in a murder trial in which the trial court determines to instruct the jury on self-defense, the trial court should consider and make specific findings on the record regarding whether to instruct the jury on the lesser-included offense of passion/provocation manslaughter, regardless of whether that instruction was requested by either party; and it is further
ORDERED that the appellant may serve and file a supplemental brief on or before July 21, 2022, and respondent may serve and file a supplemental brief thirty (30) days after the filing of appellant's supplemental submission, or, if appellant declines to file such a submission, on or before August 22, 2022.