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STATE v. STEWART

No. 101179.

719 S.E.2d 876 (2011)

STATE of West Virginia, Plaintiff Below, Respondent v. Rhonda Kay STEWART, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided November 28, 2011.

Attorney(s) appearing for the Case

Gregory L. Ayers, Esq. , Deputy Public Defender, Charleston, WV, for the Petitioner.

Darrell V. McGraw, Jr. , Attorney General, Thomas W. Rodd, Esq. , Assistant Attorney General, Charleston, WV, for Respondent.

Kevin Baker, Esq. , Baker & Brown, PLLC, Charleston, WV, for Amicus Curiae, West Virginia Coalition Against Domestic Violence and the National Clearinghouse for the Defense of Battered Women.

KETCHUM, J.:

Rhonda Kay Stewart ("defendant") appeals her conviction in the Circuit Court of Kanawha County for the first degree murder of her husband. The trial court observed at sentencing that the defendant was "abused throughout her life . . . by the man she killed." However, at trial, the circuit court prohibited the defendant from presenting evidence that she had been battered and abused by her husband during their thirty-eight-year marriage. The trial...

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