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STATE v. MARTINI

734 A.2d 257 (1999)

160 N.J. 248

STATE of New Jersey, Plaintiff-Respondent, v. John MARTINI, Sr., Defendant-Respondent, v. Office of Public Defender, Petitioner-Appellant.

Supreme Court of New Jersey.

Decided July 27, 1999.

Attorney(s) appearing for the Case

Mark H. Friedman and Theresa Yvette Kyles, Assistant Deputy Public Defenders, submitted briefs on behalf of petitioner-appellant (Ivelisse Torres, Public Defender, attorney).

Susan W. Sciacca, Deputy First Assistant Prosecutor, submitted a brief on behalf of plaintiff-respondent State of New Jersey (William H. Schmidt, Bergen County Prosecutor, attorney; Ms. Sciacca, Fred L. Schwanwede, First Assistant Prosecutor, and Marilyn Goceliak Zdobinski, Special Deputy Attorney General, of counsel).

Alan L. Zegas, Chatham, submitted a brief on behalf of defendant-respondent John Martini, Sr.

The opinion of the Court was delivered by PORITZ, C.J.

This case comes to us on the Public Defender's petition for post-conviction relief over the objection of the defendant, John Martini, Sr., whose conviction of murder and sentence of death have been upheld by this Court. The gravamen of the Public Defender's petition is that the failure to present certain mitigating evidence at defendant's penalty-phase trial "constituted...

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