State v. Kelly

State v. Kelly, 91 N.J. 178 (1984), 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. [ [http://www.audiocasefiles.com/cases/detail/case/8764/ "State v. Kelly"] , Supreme Court of New Jersey, 1984, AudioCaseFiles] Kelly was represented by Charles S. Lorber who is now with Mandelbaum Salsburg of West Orange N.J.

The judgment

In the leading judgment, Chief Justice Robert N. Wilentz said:

"The central issue before us is whether expert testimony about the battered-woman's syndrome is admissible to help establish a claim of self-defense in a homicide case. The question is one of first impression in this state. We hold, based on the limited record before us (the State not having had a full opportunity to prove the contrary), that the battered-woman's syndrome is an appropriate subject for expert testimony; that the experts' conclusions, despite the relative newness of the field, are sufficiently reliable under New Jersey's standards for scientific testimony; and that defendant's expert was sufficiently qualified. Accordingly, we reverse and remand for a new trial." [http://www.state.wv.us/wvsca/DVBenbook/OStateCases/OstateKelly.pdf Full text here] "STATE of New Jersey, Plaintiff-Respondent v. Gladys KELLY, Defendant-Appellant", West Virginia State Web Portal]

Implications

This is a notable case, both regarding the role of expert witnesses in new fields and in trials where the battered woman defence may be advanced, as is demonstrated by it being cited in other states, by universities, [ [http://law.gsu.edu/library/index/bibliographies/view?id=51 "BATTERED-PERSON SYNDROME - Evidentiary Use in Criminal Trials: A Resource for Researchers"] , Georgia State University College of Law, 2002] [ [http://www.law.harvard.edu/students/orgs/jlg/vol26/buel.pdf"EFFECTIVE ASSISTANCE OF COUNSEL FOR BATTERED WOMEN DEFENDANTS: A NORMATIVE CONSTRUCT"] , Sarah M. Buel, Harvard Law School] and by the US Government. [ [http://www.ncjrs.gov/pdffiles/batter.pdf "The Validity and Use of Evidence Concerning Battering and Its Effects in Criminal Trials"] , National Criminal Justice Reference Service, US Department of Justice]

Further, it is cited as one of the notable opinions by Chief Justice Wilentz [ [http://www.rci.rutgers.edu/~axellute/chiefs.html "New Jersey's Chief Justices 1948--: Selected References"] ]

References