107 NJ 141 - State v. Lodato

How this case has been cited

Cited by 5 later decisions — most recently March 2011

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1The jury in this capital cause having determined that the aggravating and mitigating circumstances surrounding defendant’s conviction were in equipoise, and defendant having made application for relief from his sentence, and the State having agreed that in the light of State v. Biegenwald, 106 N.J. 13 (1987), relief is appropriate, and good cause appearing;

¶2It is ORDERED that the motion to vacate the imposition of the death penalty in this matter is granted; and it is further

¶3ORDERED that this matter is hereby remanded to the Superior Court, Law Division, for resentencing; and it is further

¶4ORDERED that defendant’s appeal of his conviction is hereby remanded to the Superior Court, Appellate Division, for consideration and disposition of the issues arising out of the guilt phase of the proceedings. See State v. Biegenwald, 106 N.J. 13 (1987).

¶5Jurisdiction is not retained.