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MARSHALL v. HENDRICKS

Civil Action No. 97-5618 (JEI).

313 F.Supp.2d 423 (2004)

Robert O. MARSHALL, Petitioner, v. Roy HENDRICKS, Superintendent, New Jersey State Prison, and John J. Farmer, Attorney General of New Jersey, Respondents.

United States District Court, D. New Jersey.

April 8, 2004.

Attorney(s) appearing for the Case

Stephen Kirsch, Esq., Deputy Public Defender, Joseph E. Krakora, Esq., Office of the Public Defender, Trenton, NJ, for Petitioner.

Robert E. Bonpietro, Esq., Deputy Attorney General, Trenton, NJ, Robert B. Leaman, Esq., Supervising Deputy Attorney General, Whippany, NJ, for Respondents.

OPINION

IRENAS, Senior District Judge.

Currently before the Court is Petitioner's application for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The application comes to the Court on remand from the United States Court of Appeals for the Third Circuit as to the sole issue of whether Petitioner's counsel was constitutionally effective at the sentencing phase of Petitioner's capital murder trial. After holding an evidentiary hearing on Petitioner...

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