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STATE v. McLAUGHLIN

No. SC 88181.

265 S.W.3d 257 (2008)

STATE of Missouri, Respondent, v. Scott A. McLAUGHLIN, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied September 30, 2008.

Attorney(s) appearing for the Case

Deborah B. Wafer, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Roger W. Johnson, Shaun J. Mackelprang, Asst. Attys. Gen., Jefferson City, for Respondent.

LAURA DENVIR STITH, Judge.

Scott A. McLaughlin was tried and found guilty of first-degree murder. Because the jury deadlocked on the final step of the punishment phase, the question of punishment went to the trial judge, who imposed a sentence of death. Mr. McLaughlin argues that section 565.030.4 prohibited the judge from imposing any sentence but life imprisonment once the jury was unable to agree upon a punishment. He further argues it was error to instruct the...

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