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STATE v. NORTHCUTT

No. 26271.

372 S.C. 207 (2007)

641 S.E.2d 873

The STATE, Respondent v. Clinton Robert NORTHCUTT, Appellant.

Supreme Court of South Carolina.

Decided February 20, 2007.

Rehearing Denied March 22, 2007.

Attorney(s) appearing for the Case

David I. Bruck and Robert E. Lominack, both of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of the South Carolina Office of the Attorney General, of Columbia; and Solicitor Donald V. Myers, of Lexington, for Respondent.

Justice BURNETT:

Clinton Robert Northcutt (Appellant) was convicted of killing his infant daughter and sentenced to death. We reverse and remand for a new sentencing proceeding.

FACTUAL/PROCEDURAL BACKGROUND

Appellant, his wife, Angie, who was pregnant with their second child, and their four-month old daughter, Breanna, resided in Lexington County, South Carolina. In early January 2001, Ms. Northcutt threatened to leave Appellant, but he took...

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