Wheat v. State

The appellant, Donald Ray Wheat, was convicted of five counts of capital murder and was sentenced to death. The notice of appeal was filed with this Court on June 12, 2003.1 Judge Samuel Monk has filed a "Notice of Death" with this Court, in which he states:

"Please take notice that the above-named Defendant, whose case is currently on automatic appeal from a sentence of death and which case is temporarily before the undersigned on a Motion for New Trial following appointment of new counsel, has died while in custody of the Department of Corrections. The Defendant's date of death, which has…