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STATE v. SURBAUGH

No. 11-0561.

737 S.E.2d 240 (2012)

STATE of West Virginia, Plaintiff below, Respondent, v. Julia SURBAUGH, Defendant below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided November 20, 2012.

Attorney(s) appearing for the Case

Richard H. Lorensen, Esq. , WV Public Defender Services, Charleston, WV, for Petitioner.

Dwayne C. Vandevender, Esq. , Prosecuting Attorney of Webster County, Webster Springs, WV, for Respondent.

BENJAMIN, Justice:

This case involves the appeal of the petitioner Julia Ann Surbaugh (hereinafter "petitioner") of her sentence of life without mercy, imposed in the Circuit Court of Webster County by order entered on June 4, 2010, as recommended by the jury which found the petitioner guilty of first degree murder. The petitioner assigned four errors committed by the trial court, including the admission of the decedent's statements, failure to give a Harden

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