STATE v. GARCELL

No. 465A06.

678 S.E.2d 618 (2009)

STATE of North Carolina v. Ryan Gabriel GARCELL.

Supreme Court of North Carolina.

March 20, 2009.


Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by Robert C. Montgomery, Special Deputy Attorney General, and Daniel P. O'Brien, Assistant Attorney General, for the State.

Staples S. Hughes, Appellate Defender, by Anne M. Gomez, Assistant Appellate Defender; and Center for Death Penalty Litigation, by Thomas K. Maher, for defendant-appellant.


BRADY, Justice.

On 22 June 2004, defendant Ryan Gabriel Garcell robbed seventy-one year old Margaret Hutchins Bennick (Mrs. Bennick or victim) in her residence with the use of a firearm and then strangled her to death. On 30 March 2006, a Rutherford County jury declared defendant guilty of first-degree murder, robbery with a dangerous weapon, and conspiracy to commit robbery with a dangerous weapon. Defendant was sentenced to death for the first-degree murder. After...

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