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STATE v. BADGETT

No. 522A04.

644 S.E.2d 206 (2007)

STATE of North Carolina v. John Scott BADGETT.

Supreme Court of North Carolina.

May 4, 2007.

Attorney(s) appearing for the Case

Roy Cooper, Attorney General, by John H. Watters, Special Deputy Attorney General, and Rudy Renfer, Assistant Attorney General, for the state.

James R. Glover, Chapel Hill, for defendant-appellant.

MARTIN, Justice.

On 3 March 2003, John Scott Badgett (defendant) was indicted for the armed robbery and first-degree murder of Grover Arthur Kizer (victim). Defendant was tried capitally at the 19 April 2004 criminal session of Randolph County Superior Court. Defendant's conviction for first-degree murder was based on a theory of malice, premeditation, and deliberation, and the felony murder rule. Following a capital sentencing proceeding, the jury recommended a sentence...

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