Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Robert O. Marshall, Defendant-Appellant
July 28, 1992130 N.J. 109
Summary
The Supreme Court of New Jersey affirmed Robert O. Marshall's death sentence, holding that the statutory proportionality review applies under the pre‑amendment law, that the appropriate comparison universe includes all clearly death‑eligible homicides even when the prosecutor did not seek the death penalty, and that Marshall's sentence is not disproportionate. The Court also declined to apply the 1992 statutory amendment to this pending appeal, finding no ex post facto issue. Separate opinions dissent on the constitutionality of proportionality review and concur in part while limiting the universe of comparison cases.