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IN RE DAVIS

No. 70834-7.

101 P.3d 1 (2004)

In re Personal Restraint Petition of Cecil Emile DAVIS, Petitioner.

Supreme Court of Washington, En Banc.

Decided November 4, 2004.

Attorney(s) appearing for the Case

Gilbert Levy and Catherine Chaney, Seattle, for Petitioner

Gerald Horne, Pierce County Prosecutor, John Hillman, Deputy, Tacoma, for Respondent.

IRELAND, J.

This is a personal restraint petition filed by Cecil Emile Davis, a prisoner under sentence of death. On February 6, 1998, a jury in the Pierce County Superior Court convicted him of premeditated murder in the first degree for the death of Ms. Yoshiko Couch, an elderly resident of Tacoma, Washington. The jury found aggravating circumstances of rape, robbery, and burglary, making Petitioner eligible for the death penalty. In the penalty phase

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