STATE v. BIEGENWALD


110 N.J. 521 (1988)

542 A.2d 442

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. RICHARD BIEGENWALD, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 20, 1988.


Attorney(s) appearing for the Case

Mark P. Stalford, Assistant Prosecutor, argued the cause for plaintiff-appellant (John Kaye, Monmouth County Prosecutor, attorney).

Glen J. Vida, argued the cause for defendant-respondent.

Judith L. Borman, Deputy Public Defender, II, argued the cause for amicus curiae, Office of the Public Defender (Alfred A. Slocum, Public Defender, attorney).

Boris Moczula, Deputy Attorney General, submitted a letter in lieu of brief on behalf of the Attorney General (W. Cary Edwards, Attorney General, of New Jersey, attorney).


The opinion of the Court was delivered by GARIBALDI, Justice.

In State v. Biegenwald, 106 N.J. 13 (1987) (Biegenwald II), we affirmed Richard Biegenwald's conviction for the murder of Anne Olesiewicz but reversed his death sentence and remanded the case for a new sentencing procedure. This interlocutory appeal concerns the aggravating factors that may be used in defendant's new sentencing proceeding in the Olesiewicz case...

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