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RUBENSTEIN v. STATE

No. 2000-DP-00727-SCT.

941 So.2d 735 (2006)

Alan Michael RUBENSTEIN v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied November 16, 2006.

Attorney(s) appearing for the Case

Elizabeth Jane Hicks, Jackson, David Paul Voisin, James E. Shields, Sr., attorneys for appellant.

Office of the Attorney General by Judy T. Martin, Marvin L. White, Jr., attorneys for appellee.

EN BANC.

ON MOTION FOR REHEARING

DICKINSON, Justice, for the Court.

¶ 1. The appellant's motion for rehearing is granted. The previous opinions are withdrawn, and these opinions are substituted therefor.

¶ 2. This is a capital murder case in which the jury, unaware of its option to sentence the defendant to life without the possibility of parole, sentenced the defendant to death.

BACKGROUND FACTS AND PROCEEDINGS

¶ 3...

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