State v. Marshall

In State v. Marshall, 123 N.J. 1, 586 A.2d 85 (1991) (Marshall I), this Court affirmed defendant’s conviction for the murder of his wife and the resulting sentence of death. This appeal requires us to resolve the “proportionality” issue reserved in that case. Id. at 170, 586 A.2d 85. The Capital Punishment Act provides that on the “request of the defendant, the Supreme Court shall * * * determine whether the [death] sentence [imposed on a defendant convicted of capital murder] is disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.” N.J.S.A.…