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STATE v. NUNLEY

No. SC 76981.

341 S.W.3d 611 (2011)

STATE of Missouri, Respondent, v. Roderick NUNLEY, Appellant.

Supreme Court of Missouri, En Banc.

Rehearing Denied July 19, 2011.

Attorney(s) appearing for the Case

Michael J. Gorla , St. Louis, Jennifer Herndon , Florissant, Susan Hunt , Law Offices of Susan M. Hunt, Kansas City, for Nunley.

Michael J. Spillane , Attorney General's Office, Jefferson City, for State.

WILLIAM RAY PRICE, JR., Chief Justice.

I. Introduction

Nunley pled guilty to first degree murder, armed criminal action, forcible rape, and kidnapping. He waived jury sentencing. He did so for strategic reasons because he was afraid that if he went before a jury, it might sentence him to death. The defendant's original guilty plea and jury sentencing waiver remained valid after his case was remanded for re-sentencing. Because of Nunley's guilty plea and...

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