State of New Jersey, Plaintiff-Respondent v. Robert O. Marshall, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the trial court's dismissal of Robert O. Marshall's second post‑conviction relief petition, holding that the petition was both procedurally barred under Rule 3:22-5 and time barred under Rule 3:22-12, and that even if considered, the penalty‑phase jury instructions were proper. Justice LONG dissented, arguing that the time bar should be relaxed and that the jury instructions were erroneous, warranting reversal and remand.