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Court: Trial in nursing home deaths was fair


RALEIGH, NC (AP) -- The state Court of Appeals has ruled that the man convicted of gunning down eight people at a North Carolina nursing home received a fair trial.

In a decision issued Tuesday, a three-judge panel said Robert Stewart received a fair trial in September 2011. Stewart was convicted of second-degree murder and other charges in the shooting at Pinelake Health and Rehabilitation Center in Carthage. A judge sentenced him to between about 140 and 175 years in prison for the shooting on March 29, 2009.

The appeal challenged Stewart's conviction of intent to kill the police officer who shot him, Justin Garner. The appeal said Stewart wanted Garner to kill him.

The appeal also challenged some testimony and the use of photographs of the crime scene.

(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

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