Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Richard Biegenwald, Defendant-Appellant

March 5, 1987106 N.J. 13

Summary

The Supreme Court of New Jersey affirmed the murder conviction, held the death‑penalty statute constitutional, but reversed the death sentence because the trial court gave improper jury instructions on aggravating factor c(4)(c) and on the burden of proof that aggravating factors must outweigh mitigating factors beyond a reasonable doubt. The case was remanded for a new sentencing proceeding. Justice Handler dissented, arguing that the statute is unconstitutional and that the defendant is entitled to a life sentence.