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STATE v. DAY

No. 34723.

696 S.E.2d 310 (2010)

STATE of West Virginia, Plaintiff Below, Appellee v. Michael DAY, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2010.

Attorney(s) appearing for the Case

David R. Tyson, Tyson & Tyson, Huntington, WV, for Appellant.

Darrell V. McGraw, Jr., Attorney General, R. Christopher Smith, Assistant Attorney General, Charleston, WV, for Appellee.

PER CURIAM:

Appellant Michael David Day was convicted by a jury in the Circuit Court of Cabell County, West Virginia, of first-degree murder and conspiracy. By order entered March 1, 2004, he was sentenced to life in prison without the possibility of parole.1

In this appeal, Appellant argues his constitutional right to a fair trial was violated by the trial court's admission of testimony by a witness not qualified to testify as...

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