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STATE v. ARD

No. 24840.

332 S.C. 370 (1998)

505 S.E.2d 328

The STATE, Respondent, v. Joseph Lee ARD, Appellant.

Supreme Court of South Carolina.

Decided September 14, 1998.

Rehearing Denied October 7, 1998.

Attorney(s) appearing for the Case

Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, Columbia, for appellant.

Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Columbia; and Solicitor Donald V. Myers, Lexington, for respondent.

BURNETT, Justice:

Appellant was convicted of the murder of his girlfriend, Madalyn Coffey, and the murder of their unborn, but viable, son. He was sentenced to death.

BACKGROUND

Ms. Coffey died from a single gunshot wound to her forehead. Her unborn but viable child survived in utero for approximately six to eight minutes before dying from a lack of oxygen.

During the guilt phase of trial...

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