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STATE v. CARTER

No. 920110.

888 P.2d 629 (1995)

STATE of Utah, Plaintiff and Appellee, v. Douglas Stewart CARTER, Defendant and Appellant.

Supreme Court of Utah.

January 18, 1995.

Attorney(s) appearing for the Case

R. Paul Van Dam, Atty. Gen., Carol Clawson, J. Kevin Murphy, Asst. Attys. Gen., Salt Lake City, for plaintiff.

Craig M. Snyder, Linda J. Barclay, Provo, for defendant.

DURHAM, Justice:

Defendant Douglas Stewart Carter appears before this court on appeal for a second time. In December 1985, Carter was convicted of murder in the first degree, in violation of Utah Code Ann. § 76-5-202 (Supp.1985),1 and was sentenced to death. In his first appeal, State v. Carter, 776 P.2d 886 (Utah 1989) ("Carter I"), we affirmed the murder conviction but vacated the...

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