New Jersey’s most death-eligible murder convict, Robert Marshall, got a ray of hope last Thursday as a federal appeals panel seemed persuaded that his lawyer’s foibles in the penalty phase of his trial amounted to ineffective assistance.
During a two-hour hearing in Philadelphia, Judges Edward Becker, Jane Roth and Marjorie Rendell, of the Third U.S. Circuit Court of Appeals, focused their questions on the lawyer’s failure to present evidence of factors mitigating against the death penalty, namely, testimony about positive aspects of Marshall’s character.
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