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STATE v. BERRY

No. 35501.

707 S.E.2d 831 (2011)

STATE of West Virginia, Petitioner Below, Appellee, v. Rodney Jason BERRY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided January 20, 2011.

Attorney(s) appearing for the Case

Crystal L. Walden , Deputy Public Defender, Charleston, WV, for Appellant.

Kristen Keller , Raleigh County Prosecutor, Beckley, WV, for Appellee.

DAVIS, Justice:

Rodney Jason Berry, appellant herein and defendant below, appeals from an order of the Circuit Court of Raleigh County convicting him of two counts of first-degree murder and two counts of use of a firearm, and sentencing him to two consecutive life sentences without the possibility of parole. In this appeal, Mr. Berry has assigned error as follows: (1) failure of the trial judge to disqualify himself; (2) improper preclusion of mitigating evidence...

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