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    1. #1

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      Ted Anthony Prevatte - North Carolina Death Row


      Ted Anthony Prevatte


      Facts of the Crime:

      In 1995, Ted Anthony Prevatte was sentenced to death after being found guilty of first-degree murder and two counts of second-degree kidnapping. State v. Prevatte, 346 N.C. 162, 484 S.E.2d 377 (1997). Following defendant's appeal from these convictions, this Court granted defendant a new trial. Id. On 17 February 1999, at his second trial, the jury found defendant guilty of first-degree murder and two counts of kidnapping. The first-degree murder conviction was based on the theories of malice, premeditation and deliberation, and the felony murder rule. The jury recommended and the trial judgeimposed a sentence of death for the murder conviction and consecutive terms of imprisonment of thirty years each for the kidnapping convictions.

      The record reveals the following pertinent facts. The thirty-two-year-old victim (Cindy McIntyre) was married with two children (Michael and Matthew). She and her husband, Mike, were estranged but trying to reconcile. The victim and defendant attended the same church, sang together in the choir, and had been dating for about a year. Defendant lived with his mother across the street from the victim.

    2. #2

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      October 4, 2002

      Supreme Court upholds death sentence in '93 killing

      RALEIGH, NORTH CAROLINA - The state Supreme Court on Friday upheld the murder conviction and death sentence of a man who killed his girlfriend outside her Anson County home in 1993.

      The court found no error in the trial of Ted Anthony Prevatte, who was convicted in the execution-style slaying of Cynthia Bacon McIntyre, who lived across the street from Prevatte.

      Authorities said McIntyre was trying to end a year-long relationship with Prevatte and reunite with her estranged husband. The trial was held in neighboring Stanly County.

      It was Prevatte's second trial in the slaying. In 1997, the Supreme Court ordered a new trial for him after determining the judge in his 1995 trial was wrong not to allow a specific line of questioning.

      Prevatte was previously on Georgia's death row for the 1974 slaying of an assistant principal, but was placed on parole after the U.S. Supreme Court struck down the death penalty. Capital punishment was later reinstated.

      http://www.accessnorthga.com/detail.php?n=189307

    3. #3
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      October 29, 2008

      Federal appeals court rejects death row appeal

      ATLANTA (AP) - A North Carolina death row inmate has lost a bid to overturn an earlier murder conviction in Georgia, which was used against him at his sentencing in the North Carolina case.

      Ted Anthony Prevatte was condemned for killing his girlfriend, Cynthia Bacon McIntyre, outside her Anson County, N.C., home back in 1993 only two decades after Prevatte was convicted of the 1974 murder and armed robbery of James Rouse Jr. in Atlanta.

      He was sentenced to die but was paroled in 1991 after the Georgia Supreme Court overturned his death sentence.

      On Tuesday, the 11th U.S. Circuit Court of Appeals upheld a federal district judge's rejection of Prevatte's claims that his constitutional rights were violated in his Georgia trial.

      http://www.wtvy.com/news/georgia/hea.../33496969.html

    4. #4
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      No. 08-9948 *** CAPITAL CASE ***
      Title:
      Ted Anthony Prevatte, Petitioner
      v.
      James French, Warden, et al.
      Docketed: April 23, 2009
      Linked with 08A586
      Lower Ct: United States Court of Appeals for the Eleventh Circuit
      Case Nos.: (07-14536)
      Decision Date: October 28, 2008
      Rehearing Denied: December 12, 2008

      ~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
      Dec 30 2008 Application (08A586) to extend the time to file a petition for a writ of certiorari from March 12, 2009 to April 20, 2009, submitted to Justice Thomas.
      Jan 9 2009 Application (08A586) granted by Justice Thomas extending the time to file until April 20, 2009.
      Apr 20 2009 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2009)
      May 21 2009 Order extending time to file response to petition to and including June 25, 2009.
      Jun 25 2009 Brief of respondents James French, Warden, et al. in opposition filed.
      Jul 9 2009 DISTRIBUTED for Conference of September 29, 2009.
      Jul 9 2009 Reply of petitioner Ted Anthony Prevatte filed. (Distributed)
      Oct 5 2009 Petition DENIED.

      http://www.supremecourt.gov/search.a...es/08-9948.htm

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