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STATE v. SCOTT

No. 83,801.

183 P.3d 801 (2008)

STATE of Kansas, Appellee, v. Gavin D. SCOTT, Appellant.

Supreme Court of Kansas.

May 16, 2008.

Attorney(s) appearing for the Case

Rebecca E. Woodman, capital appellate defender, and Steven R. Zinn, deputy appellate defender, argued the cause and were on the briefs for appellant.

Stephen R. McAllister, solicitor general, and Autumn L. Fox, assistant attorney general, argued the cause, and Jared S. Maag, deputy attorney general, Phill Kline, former attorney general, and Paul J. Morrison, attorney general, were with them on the briefs for appellee.

Daniel E. Monnat, of Monnat & Spurrier, Chtd., of Wichita, and Paige A. Nichols, of Lawrence, were on the brief for amicus curiae Kansas Association of Criminal Defense Lawyers.

The opinion of the court was delivered by PER CURIAM:

Gavin Scott appeals from jury trial convictions for the capital murder of Elizabeth Brittain, premeditated first-degree murder of Douglas Brittain, aggravated burglary, criminal possession of a firearm, and felony theft. Scott has been sentenced to death for capital murder, with consecutive sentences of life imprisonment with a mandatory minimum term of 40 years for premeditated first-degree murder, 51 months for...

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