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Posted: 5:56 PM Jan 5, 2010
Federal appeals court reverses Ga. death sentence
A federal appeals panel has reversed a death sentence of a Georgia man convicted of the 1989 kidnap and murder of a pregnant woman.
Reporter: Associated PressEmail Address: producers@wrdw.com |
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January 5, 2010
ATLANTA -- A federal appeals panel has reversed a death sentence of a Georgia man convicted of the 1989 kidnap and murder of a pregnant woman.
The three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta on Tuesday upheld the convictions against James Ray Ward. But it found there was "improper bailiff-jury communication" during the penalty phase of his trial and ordered a new sentencing hearing.
A Walker County jury convicted James of feticide and the kidnapping and murder of 23-year-old Nikia Gilbreath. James argued in appeals that jurors asked a bailiff during deliberations wehther they could impose a sentence of life without parole, and the bailiff told them it wasn't an option.
The appeals panel found that it violated Ray's right to an impartial jury and that the communication should have handled in court.
(Copyright 2010 by The Associated Press. All Rights Reserved.)
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