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Henderson wished to change his plea. He agreed to plead guilty to kidnapping and to felony murder with robbery as the underlying cause (Cullen, Dave, 1999, [on-line]).

Decision: In regards to McKinney, the judge ruled that the defense was not admissible because, in a limited ruling, that the defense constituted a form of "diminished capacity," or "temporary insanity," defenses which are not valid under Wyoming law (Gay/Lesbian Issues, 2000, [on-line])...

In regards to Henderson, he would accept the two life sentences to avoid the death penalty. The charge of premeditated murder would be dropped. The judge accepted the verdict and unveiled his next surprise. Henderson would waive his right to a pre-sentencing investigation, and the sentencing phase would commence on the spot (Cullen, Dave, 1999, [on-line])...

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