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

Summary

The Supreme Court of New Jersey affirmed the dismissal of Robert 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 the trial court's penalty‑phase jury instructions on unanimity were proper. Justice LONG dissented, arguing that the procedural bars should be relaxed and that the jury instructions were erroneous, warranting reversal and remand.