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STATE v. PALMER

No. S-95-1293.

600 N.W.2d 756 (1999)

257 Neb. 702

STATE of Nebraska, appellee, v. Charles Jess PALMER, also known as Charles Tinsley, also known as J.R. Kirkpatrick, appellant.

Supreme Court of Nebraska.

September 24, 1999.

Attorney(s) appearing for the Case

Gerard A. Piccolo, Hall County Public Defender, and Robert Lindemeier, Lincoln County Public Defender, for appellant.

Don Stenberg, Attorney General, and J. Kirk Brown, Assistant Attorney General, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, McCORMACK, and MILLER-LERMAN, JJ., and MUES, Judge.

WRIGHT, J.

I. STATEMENT OF CASE

Charles Jess Palmer (Palmer) has been tried and convicted three times for the crime of felony murder, and he has been sentenced to death after each conviction. The convictions and sentences from the first two trials have been reversed. See, State v. Palmer, 210 Neb. 206, 313 N.W.2d 648 (1981) (Palmer I); State v. Palmer,

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