STATE v. McKINLEY

No. 13-0745.

764 S.E.2d 303 (2014)

STATE of West Virginia, Plaintiff Below, Respondent v. Marcus Patrele McKINLEY, Defendant Below, Petitioner.

Supreme Court of Appeals of West Virginia.

Decided September 29, 2014.


Attorney(s) appearing for the Case

Paul R. Cassell , Cassell & Crewe, P.C., Wytheville, VA, for Petitioner.

Patrick Morrisey , Attorney General, Laura Young , Assistant Attorney General, Julie Warren , Assistant Attorney General, Charleston, WV, for Respondent.


DAVIS, Chief Justice:

The petitioner herein, Marcus McKinley [hereinafter "Mr. McKinley"], was convicted of first degree murder by a jury in the Circuit Court of Mercer County. The jury did not recommend mercy; consequently, the circuit court sentenced Mr. McKinley to life in prison without the possibility of parole. Here, Mr. McKinley has made the following assignments of error: (1) improper admission of prior bad act evidence, (2) admission of improper testimony...

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