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STATE v. FINLEY

No. 32961.

639 S.E.2d 839 (2006)

STATE of West Virginia, Plaintiff Below, Appellee v. Jeffrey L. FINLEY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 16, 2006.

Concurring and Dissenting Opinion of Chief Justice Davis December 1, 2006.

Dissenting Opinion of Justice Maynard December 4, 2006.

Concurring Opinion of Justice Benjamin January 2, 2007.

Attorney(s) appearing for the Case

Russell S. Cook, Jack L. Hickok, West Virginia Public Defender Services, Charleston, for the Appellant.

Darrell V. McGraw, Jr., Attorney General, Colleen A. Ford, Assistant Attorney General, Charleston, for the Appellee.

ALBRIGHT, Justice:

This case involves an appeal of Jeffrey Lee Finley (hereinafter referred to as "Appellant") of his sentence of life without mercy, imposed in the Circuit Court of Cabell County by order entered on October 28, 2004, as recommended by the jury which found Appellant guilty of the offense of first-degree murder.1 While Appellant's petition for appeal assigned six errors committed...

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