- Posted August 11, 2011
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Deadline set for appeal in death penalty case

GRAND RAPIDS (AP) -- Federal prosecutors in Grand Rapids have until Sept. 16 to decide whether to appeal a decision that overturned a rare death sentence.
An appeals court set the deadline Tuesday, about a week after one of its three-judge panels threw out the death penalty for Marvin Gabrion.
In 2002, Gabrion was convicted of drowning a woman in a national forest. The jury sentenced him to death, an option in federal court.
But the appeals court says the sentencing phase needs to start over. In a 2-1 decision, the court said defense lawyers should have been able to argue that Gabrion would not have faced a death sentence if the case had been prosecuted in state court.
The government's options include asking the full appeals court to look at the case.
Published: Thu, Aug 11, 2011
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