This cause is pending before the court as a death penalty appeal from the Court of Common Pleas of Butler County. On April 1, 2004, counsel for appellee filed a motion for release of evidence for distribution to the heirs of the decedent. Inasmuch as the record in this case has not yet been filed with the Clerk of this court and, therefore, the subject evidence is not in the possession of this court,
IT IS ORDERED by the court that disposition of this issue is referred...
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