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STATE v. COPEN

No. 29994.

566 S.E.2d 638 (2002)

211 W.Va. 501

STATE of West Virginia, Plaintiff Below, Appellee, v. Robert Dwayne COPEN, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 25, 2002.

Dissenting Opinion of Justice Starcher July 2, 2002.

Attorney(s) appearing for the Case

Darrell V. McGraw, Jr., Attorney General, Allen H. Loughry, II, Senior Assistant Attorney General, Charleston, for Appellee.

Matthew A. Victor, Esq., Victor, Victor & Helgoe, LLP, Charleston, for Appellant.

PER CURIAM:

This is an appeal by Robert D. Copen from an order of the Circuit Court of Kanawha County sentencing him to life in the West Virginia Penitentiary without mercy for first degree murder. On appeal, the appellant claims that the trial court erred in admitting extremely gruesome and prejudicial pictures into evidence, that the court erred in failing to order a mistrial after the State made improper remarks during...

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