State v. Marshall

This is the first time that the Court has heard a capital case on post-conviction review since the reemergence of the death penalty in New Jersey. I have twice before expressed unanswered criticisms about this case. State v. Marshall, 123 N.J. 1, 214-67, 586 A.2d 85 (1991) (Marshall I) (Handler, J., dissenting), State v. Marshall 130 N.J. 109, 229-312, 613 A.2d 1059 (1992) (Marshall II) (Handler, J., dissenting), cert. denied, 507 U.S. 929, 113 S.Ct. 1306, 122 L.Ed.2d 694 (1993). Significant facts that militate materially in support of defendant’s claims for post-conviction relief have been…