This cause is pending before the court as an appeal from a court of appeals' determination under App.R. 26(B) in a case involving the death penalty. On November 23, 2004, appellee filed a motion for clarification of this court's July 8, 2004 entry ordering briefing and a motion to participate in oral argument. Upon consideration thereof,
IT IS ORDERED by the court, sua sponte, that appellee may file a merit brief within thirty days of the date of this entry.
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