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STATE v. LOFTIN

922 A.2d 1210 (2007)

191 N.J. 172

STATE of New Jersey, Plaintiff-Respondent, v. Donald LOFTIN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 5, 2007.

Attorney(s) appearing for the Case

David B. Glazer and Michele A. Adubato, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney). Dorothy A. Hersh, Assistant Prosecutor, argued the cause for respondent (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney).

Dorothy A. Hersh, Assistant Prosecutor, argued the cause for respondent (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney).

Justice ALBIN delivered the opinion of the Court.

Defendant Donald Loftin was convicted by a jury of the capital murder of Gary K. Marsh. In the penalty-phase proceeding before a separate jury, he was sentenced to death. This Court affirmed defendant's conviction and sentence on direct appeal, State v. Loftin, 146 N.J. 295, 318, 680 A.2d 677 (1996) (Loftin I), and upheld his sentence on...

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