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STATE v. HATCHER

No. 30030.

568 S.E.2d 45 (2002)

211 W.Va. 738

STATE of West Virginia, Plaintiff Below, Appellee, v. Bethel HATCHER, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 27, 2002.

Attorney(s) appearing for the Case

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

Jeffry A. Pritt, Union, West Virginia, Patrick I. Via, Law Office of Jesse O. Guills, Jr., Lewisburg, West Virginia, for appellant.

Justice MAYNARD dissents and reserves the right to file a dissenting opinion.

PER CURIAM.

We reverse this case based on the appellant being denied a fair trial because of a juror's failure to respond fully and honestly to questions propounded on voir dire, and the trial court's failure to provide a proper curative instruction following a misstatement of the law by the prosecuting attorney in the closing argument.

I.

The appellant Bethel Hatcher was convicted of first degree murder on February 2, 2000, in the Circuit...

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