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Man loses appeal in capital murder case

Reported by: Mel Carlock
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Updated: 3/19 4:26 pm
TUPELO, Miss. (WTVA) -- A Lee County man serving a life sentence for capital murder has lost his appeal before the Mississippi Court of Appeals.

Nevin Whetstone, 59, pleaded guilty in December of 1984 to the charges.

Court records say he originally denied involvement in the woman's death, but later said he hit her to protect himself when the two were arguing.

Whetstone filed a motion for post conviction relief in June of 2011 with Lee County Circuit Court, but the the judge denied the request.

He was indicted in February of 1984 of capital murder during the commission of the crime of rape. 

Whetstone claims he received ineffective counsel and the indictment was defective because of language contained in it and the fact it didn't list the judicial district where it was brought up.

The Mississippi Court of Appeals denied his claims on Tuesday saying too much time had past for them to be filed.

The Mississippi Supreme Court had denied his earlier appeals in 1997.
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