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LODEN v. STATE

No. 2007-DR-01758-SCT.

43 So.3d 365 (2010)

Thomas Edwin LODEN, Jr. v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied September 23, 2010.

Attorney(s) appearing for the Case

Office of Capital Post-Conviction Counsel by Glenn S. Swartzfager , Jackson, Charles E. Patterson , Charles S. Barquist , Mark R. McDonald , Olga A. Tkachenko , Elina Kreditor , attorneys for appellant.

Office of the Attorney General by Marvin L. White, Jr. , Jackson, attorney for appellee.

EN BANC.

RANDOLPH, Justice, for the Court:

¶ 1. On September 21, 2001, Thomas E. Loden, Jr., an eighteen-year veteran of the United States Marine Corps who had attained the rank of gunnery sergeant (E-7), waived his right to a jury at trial and sentencing, and pleaded guilty to capital murder, rape, and four counts of sexual battery.1 After conducting an extensive hearing on the knowing, intelligent, and voluntary nature of said waivers, the...

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