MARSHALL v. CATHEL

No. 04-9007.

428 F.3d 452 (2005)

Robert O. MARSHALL v. Ron CATHEL, Administrator, New Jersey State Prison; Peter C. Harvey, Attorney General, State of New Jersey, Appellants.

United States Court of Appeals, Third Circuit.

November 2, 2005.


Attorney(s) appearing for the Case

Robert E. Bonpietro [Argued], Office of Attorney General of New Jersey, Department of Law & Public Safety, Division of Criminal Justice, Richard J. Hughes Justice Complex, Trenton, NJ, for Appellants.

Stephen W. Kirsch [Argued], Office of Public Defender, Richard J. Hughes Justice Complex, Trenton, NJ, for Appellee.

Before ROTH, RENDELL and BECKER, Circuit Judges.


OPINION OF THE COURT

RENDELL, Circuit Judge.

On May 5, 1986, Robert O. Marshall ("Marshall" or "Petitioner") was convicted in New Jersey state court of conspiring to murder and procuring the commission of the murder of his wife, Maria Marshall. Almost twenty years after being sentenced to death for these offenses, Marshall petitioned for and was granted habeas corpus relief by the United States District Court for the District of New Jersey, after we remanded...

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