State v. Kelly
Encyclopedia
State v. Kelly, 97 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. Kelly was represented by Charles S. Lorber who is now with Mandelbaum Salsburg of West Orange N.J.
may be advanced, as is demonstrated by it being cited in other states, by universities, and by the US Government.
Further, it is cited as one of the notable opinions by Chief Justice Robert Wilentz
New Jersey Supreme Court
The New Jersey Supreme Court is the highest court in the U.S. state of New Jersey. It has existed in three different forms under the three different state constitutions since the independence of the state in 1776...
case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
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
Battered woman defence
The battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife...
, was incorrectly excluded since battered woman syndrome was a proper subject for expert evidence. Kelly was represented by Charles S. Lorber who is now with Mandelbaum Salsburg of West Orange N.J.
Implications
This is a notable case, both regarding the role of experts in new fields and in trials where the battered woman defenceBattered woman defence
The battered woman defense is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife...
may be advanced, as is demonstrated by it being cited in other states, by universities, and by the US Government.
Further, it is cited as one of the notable opinions by Chief Justice Robert Wilentz
Robert Wilentz
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.-Biography:...