# State v. Conyers

> Supreme Court of New Jersey · March 26, 1971 · 58 N.J. 123

URL: https://www.frixlaw.com/law-library/cases/9691836

## Case

- **Full name:** State of New Jersey, Plaintiff-Respondent, v. Lamar Conyers, Defendant-Appellant
- **Court:** Supreme Court of New Jersey
- **Decided:** March 26, 1971
- **Citations:** 58 N.J. 123; 275 A.2d 721; 1971 N.J. LEXIS 233
- **Precedential status:** Published
- **Opinion:** Concurrence by Proctor
- **Judges:** Proctor, Francis, Weintraub
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9691836

## Opinion text

Proctor, J.
(concurring). I agree with the majority that we should accept the prosecutor’s waiver of the death penalty in this case even though the trial was free of error. In State v. Laws, 51 N. J. 494, 509-510 (1968), I set forth my view that we could reduce a jury imposed death penalty to life imprisonment if the prosecutor agreed to waive the death penalty, but that we could not do so in the absence of sucSh a waiver. I was able to concur with the majority in Laws only because the prosecutor there agreed to waive. The issue arose again in State v. Royster, 57 N. L. 472 (1971) and I concurred noting the necessity for a prosecutorial waiver of the death penalty which was again given. Id. at 492. Today’s opinion by the majority rests on the premise that the prosecutor agreed to waive the death penalty and in this respect comports fully with what I have maintained from the start.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9691836. Public record. Not legal advice.
