Supreme Court of New Jersey
State v. Kader S. Mustafa
August 3, 2026
Summary
The Court held that expert testimony is required before a defendant may invoke diminished capacity or receive a corresponding jury instruction. Because Mustafa presented only lay evidence of unusual behavior and substance use, without evidence identifying a mental disease or defect or linking such a condition to his ability to form the required mens rea, the trial court properly denied the instruction. The Court affirmed the Appellate Division's judgment.