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STATE v. McLAUGHLIN

No. 34860.

700 S.E.2d 289 (2010)

STATE of West Virginia, Plaintiff, v. Billy Ray McLAUGHLIN, Defendant.

Supreme Court of Appeals of West Virginia.

Decided June 8, 2010.

Attorney(s) appearing for the Case

Gregory L. Ayers, Esq. , Public Defenders Corporation, Charleston, WV, Joseph A. Noggy, Esq. , Marcia Hebb, Esq. , Beckley, WV, for Defendant.

Timothy F. Cogan , William C. Gallagher , Cassidy, Myers, Cogan & Voegelin, L.C., Wheeling, WV, for Amicus, Shane Shelton.

Barbara Allen, Esq. , Attorney General's Office, Charleston, WV, for Plaintiff.

Gina M. Stanley , Public Defender Corporation, Huntington, WV, for Amicus, Jeffrey L. Finley.

WORKMAN, Justice:

This case is before the Court upon an Order of the Circuit Court of Greenbrier County, West Virginia, certifying questions concerning the upcoming retrial of the mercy phase of the Defendant's,1 Billy Ray McLaughlin's, first degree murder case. After examining the briefs submitted,2 hearing oral arguments and reviewing the relevant law, the Court has reformulated the questions with answers...

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