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PRUITT v. STATE

No. 15S00-0109-DP-393.

834 N.E.2d 90 (2005)

Tommy R. PRUITT, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

Rehearing Denied November 22, 2005.

Attorney(s) appearing for the Case

William Van Der Pol, Jr., Martinsville, Teresa D. Harper, Bloomington, for Appellant.

Steve Carter, Attorney General of Indiana, Andrew A. Kobe, Deputy Attorney General, Indianapolis, for Appellee.

BOEHM, Justice.

Tommy Pruitt was charged with the murder of Deputy Daniel Starnes of the Morgan County Sheriff's Department. The prosecutor sought the death penalty based on the fact that the victim was a law enforcement officer killed in the course of his duties. Pruitt sought to have the death penalty charge dismissed on the ground that he is mentally retarded and therefore ineligible for the death penalty. The trial court denied the motion, and a jury subsequently...

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