In Denver, the 10th U

In Denver, the 10th U.S. Circuit Court of Appeals gave Michael Pennington another chance to avoid execution. The court said his attorney may have provided a deficient defence. The lawyer failed to present evidence that Pennington was under the influence of steroids when he killed Bradley Grooms, in 1991. The judges concluded 3-0 that "there is a reasonable probability" that jurors would not have sentenced Pennington to death if his attorney had presented the evidence at the penalty phase of his trial. The appeals court agreed that Pennington had a fair trial during the guilt phase.