STATE v. MARTINI


901 A.2d 941 (2006)

187 N.J. 469

STATE of New Jersey, Plaintiff-Respondent, v. John MARTINI, Sr., Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 25, 2006.


Attorney(s) appearing for the Case

Stephen W. Kirsch, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Catherine A. Foddai, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney).


Justice WALLACE, JR., delivered the opinion of the Court.

Defendant John Martini, Sr., appeals from the denial of his third petition for post-conviction relief. He claims that the trial court erred in instructing the penalty phase jury that, to the extent possible, it should attempt to "reach agreement" on the existence of the mitigating factors, and that his appellate counsel was ineffective for failing to raise that issue on direct appeal. We affirm the judgment...

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