November 21st, 2012
Franklin Junior Kennedy appeals an order denying his motion for a new trial. Petitioner was convicted of First Degree Murder (with mercy) in November 1996. In 1999, this Court affirmed his conviction in State v. Kennedy, 205 W.Va. 224, 517 S.E.2d 457 (1999), which was overruled in part by State v. Mechling, 229 W.Va. 366, 633 S.E.2d 311 (2006).
