In Re Proportionality Review Project (II)

The opinion of the Court was delivered by

PORITZ, C.J.

This matter completes the second phase in a two-part review of the Court’s proportionality review procedures undertaken pursuant to our Order in State v. Loftin, 157 N.J. 253, 454-55, 724 A.2d 129 CLoftin II), cert. denied, 528 U.S. 897, 120 S.Ct. 229, 145 L.Ed.2d 193 (1999).

In Loftin II, the Court found that the proportionality review methodologies we had been using were seriously flawed and that the time had come for a “careful reconsideration” of our approach to the proportionality phase of death penalty review. Id. at 286, 724 A.2d 129.…