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STATE v. ANDERSON

No. 269A00.

558 S.E.2d 87 (2002)

STATE of North Carolina v. Billy Raymond ANDERSON.

Supreme Court of North Carolina.

February 1, 2002.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Barry S. McNeill, Special Deputy Attorney General, and Diane A. Reeves, Assistant Attorney General, for the State.

Staples Hughes, Appellate Defender, by Janet Moore, Assistant Appellate Defender, for defendant-appellant.

Smith Helms Mulliss & Moore, LLP, by Neil A. Riemann, Raleigh, on behalf of the American Civil Liberties Union of North Carolina Legal Foundation, the Arc of the United States, the Arc of North Carolina, and the North Carolina Chapter of the American Association on Mental Retardation, amici curiae.

BUTTERFIELD, Justice.

Defendant Billy Raymond Anderson was indicted on 21 July 1998 for the first-degree murder and first-degree rape of Lorraine Watson. Defendant was tried capitally, and the jury returned a verdict of guilty of first-degree murder upon the theories of malice, premeditation, and deliberation and felony murder. The jury also found defendant guilty of first-degree rape. Following a capital sentencing proceeding, the jury recommended that defendant...

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