STATE of New Jersey, Plaintiff-Respondent,
v.
Marcus TOLIVER, Defendant-Appellant.
State of New Jersey, Plaintiff-Respondent,
v.
Ryshaone Thomas, Defendant-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued June 2, 2004.
Decided June 21, 2004.
Attorney(s) appearing for the Case
Jamie M. Kaigh, argued the cause for appellant Marcus Toliver (Conrad, O'Brien, Gellman & Rohn, Moorestown and Riley & Sandilos, attorneys; Mr. Kaigh and Charles P. Sandilos, on the letter briefs).
Ralph R. Kramer, Haddon Heights, argued the cause for appellant Ryshaone Thomas (Mr. Kramer and John A. Mennite, attorneys, Woodbury; Mr. Kramer and Mr. Mennite, on the letter briefs).
Jack L. Weinberg, Assistant Prosecutor, argued the cause for respondent (Vincent P. Sarubbi, Camden County Prosecutor, attorney).
Boris Moczula, Assistant Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney; Mr. Moczula, Mark Paul Cronin and Paul H. Heinzel, Deputies Attorney General, of counsel and on the brief).
Supreme Court of New Jersey.
PER CURIAM.
In State v. Fortin, we held that the New Jersey Constitution requires that aggravating factors, as the functional equivalent of elements of capital murder, must be submitted to the grand jury and returned for indictment. 178 N.J. 540, 645-46, 843 A.2d 974, 1035 (2004) (Fortin II). The matters before us present procedural questions in respect of the implementation of that mandate...
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