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STATE v. WHITFIELD

No. SC 77067.

107 S.W.3d 253 (2003)

STATE of Missouri, Respondent, v. Joseph WHITFIELD, Appellant.

Supreme Court of Missouri, En Banc.

June 17, 2003.

Attorney(s) appearing for the Case

Charles M. Rogers, Cheryl A. Pilate, Kansas City, C. John Pleban, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, for respendent.

ON MOTION TO RECALL MANDATE

LAURA DENVIR STITH, Judge.

In 1994, a jury convicted Joseph Whitfield of first-degree murder, but could not agree on punishment during the penalty phase, voting 11 to 1 in favor of life imprisonment.1 The judge then undertook the four-step process required by section 565.030.42 for determining punishment. He found the presence...

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