State v. Hicks

This is an appeal1 by Michael D. Hicks from an order of the Circuit Court of Kana-*658wha County sentencing him to life in the State penitentiary without a recommendation of mercy for first-degree murder with the use of a firearm. On appeal, he claims that the trial judge erred when she, as well as the court clerk, discussed certain matters ex parte, out of his presence, with members of the jury. He also claims that the court erred in admitting certain hearsay statements into evidence and in allowing the State to argue that he would not have it that bad in the penitentiary because of amenities…