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STATE v. BIEGENWALD

126 N.J. 1 (1991)

594 A.2d 172

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

The Supreme Court of New Jersey.

Decided August 8, 1991.

Attorney(s) appearing for the Case

James J. Smith, Jr., Deputy Public Defender, and Stephen A. Caruso, Assistant Deputy Public Defender, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney).

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

Cherrie Madden Black, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney).

The judgment of the Court was delivered by CLIFFORD, J.

In State v. Biegenwald, 106 N.J. 13, 524 A.2d 130 (1987) (Biegenwald II), we affirmed Richard Biegenwald's conviction for the murder of Anna Olesiewicz but reversed his sentence of death and remanded the case for a new sentencing proceeding. A second jury having returned a death-penalty verdict...

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