McRAE, Justice, for the Court:
This is an appeal from the denial of an evidentiary hearing by the Hinds County Circuit Court on West Cole's Application for Leave to File Motion to Vacate Judgment and Death Sentence filed on September 1, 1989, pursuant to Miss. Code Ann. § 99-39-1, et seq. (1994), otherwise known as the Mississippi Uniform Post-Conviction Collateral Relief Act. Upon review of his petition, we find that Cole was sentenced in violation of the Eighth...
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