State v. Morton

The opinion of the Court was delivered by

COLEMAN, J.

Two terms ago, we affirmed defendant’s conviction and death sentence for the murder of Michael Eck. State v. Morton, 155 N.J. 383, 715 A.2d 228 (1998) (Morton I). We preserved defendant’s right to seek “proportionality review of his sentence, N.J.S.A. 2C:11-3e, in a separate proceeding.” Id. at 464, 715 A.2d 228. On that review we find no disproportionality in defendant’s death sentence.

I. FACTS

The facts are set forth in detail in Morton I, supra, 155 N.J. at 398-410, 715 A.2d 228. We will, however, briefly restate those facts relevant to…