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STATE v. HICKS

No. 23257.

482 S.E.2d 641 (1996)

198 W.Va. 656

STATE of West Virginia, Plaintiff Below, Appellee, v. Michael D. HICKS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1996.

Attorney(s) appearing for the Case

William C. Forbes, Prosecuting Attorney, Mary Beth Kershner, Assistant Prosecuting Attorney, Charleston, for Appellee.

John H. Boothroyd, Assistant Public Defender, Public Defender Office, Charleston, for Appellant.

PER CURIAM:

This is an appeal1 by Michael D. Hicks from an order of the Circuit Court of Kanawha County sentencing him to life in the State penitentiary without a recommendation of mercy for first-degree murder with the use of a firearm. On appeal, he claims that the trial judge erred when she, as well as the court clerk, discussed certain matters ex parte, out of his presence, with members...

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