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BOBBY GLEN WILCHER v. STATE OF MISSISSIPPI

OCTOBER 30, 1985

BOBBY GLEN WILCHER
v.
STATE OF MISSISSIPPI



EN BANC

PRATHER, JUSTICE, FOR THE COURT:

ON APPLICATION FOR LEAVE TO FILE CONSOLIDATED MOTION TO VACATE, OR SET ASIDE, JUDGMENT AND SENTENCE

Bobby Glen Wilcher, the petitioner in this post-conviction relief request, has filed an application for leave to file a consolidated motion to vacate, or set aside, judgment and sentences in his two capital murder convictions. Wilcher v. State, 448 So.2d 927 (Miss. 1984) and Wilcher v. State, 455 So.2d (Miss. 1984).

 The facts set forth in the two above opinions reveal the kidnapping and subsequent brutal murder of two women in Scott County, Mississippi. Wilcher was convicted for capital murder of both women, and his appeal to this Court on each case was affirmed. Wilcher sought and was denied writs of certiorari by the United States Supreme Court on each conviction. (As to the first conviction, cert. denied on October 1, 1984, Wilcher v. Mississippi, ___ U.S. ___, 105 S. Ct. 231, 83 L.Ed.2d 160. As to the second conviction of capital murder cert. denied on March 4, 1985. Wilcher v. Mississippi, ___ U.S. ___, 105 S. Ct. 1411, 84 L.Ed.2d 794).

 The petitioner now has made an application for post conviction relief with this Court by consolidating motion on both convictions pursuant to Mississippi Code Annotated section 99-39-1 et seq. and assigns the following as grounds:

 A. Petitioner was denied the effective assistance of counsel at his capital trials;

 B. The trial of the petitioner without psychological/psychiatric assistance for his defense violated the petitioner's rights pursuant to the Eighth and Fourteenth Amendments to the United States Constitution;

 C. The trial court erred in admitting into evidence tangible property recovered from the defendant's home

 without a warrant, in violation of his Fourth and Fourteenth Amendments to the United States Constitution and Article III Section 23 of the Mississippi Constitution;

 D. The trial court erred in admitting into evidence the involuntary coerced confessions of the defendant made without benefit of counsel in violation of the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution and Article III Section 26 of the Mississippi Constitution;

 E. The trial court erred in instructing the jury on the capital murder in the commission of robbery or kidnapping aggravating circumstance;

 F. The finding by the jury of the" especially heinous, atrocious and cruel "aggravating circumstance violated the Eighth and Fourteenth Amendments to the United States Constitution;

 G. The statute and instruction at the sentencing phase shifted the burden of proof to the petitioner and contained no standards for weighing, in violation of the eighth and fourteenth amendments to the United States Constitution;

 H. The misconduct during argument by the prosecutor violated petitioner's right to a fundamentally fair trial and a non-arbitrary sentencing proceeding pursuant to the Mississippi ...


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