STATE v. MARSHALL


130 N.J. 109 (1992)

613 A.2d 1059

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT O. MARSHALL, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 28, 1992.


Attorney(s) appearing for the Case

Dale Jones, Assistant Public Defender, Judith L. Borman, First Assistant Deputy Public Defender, and Bernadette DeCastro, Assistant Deputy Public Defender, argued the cause for appellant (Wilfredo Caraballo, Public Defender, attorney).

Boris Moczula and Janet Flanagan, Deputy Attorneys General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Boris Moczula, Janet Flanagan, and Anne C. Paskow, Assistant Attorney General, of counsel; Boris Moczula and Janet Flanagan, on the briefs).

Lawrence S. Lustberg argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Lawrence S. Lustberg and John V. Jacobi, on the briefs).

David A. Ruhnke argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Ruhnke & Barrett, attorneys; David A. Ruhnke and Jean D. Barrett, on the brief).


PER CURIAM.

In State v. Marshall, 123 N.J. 1, 586 A.2d 85 (1991) (Marshall I), this Court affirmed defendant's conviction for the murder of his wife and the resulting sentence of death. This appeal requires us to resolve the "proportionality" issue reserved in that case. Id. at 170, 586 A.2d 85. The Capital Punishment Act provides that on the "request...

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