In San Francisco, the 9th U

In San Francisco, the 9th U.S. Circuit Court of Appeals voided the death sentence of a Las Vegas man who stabbed a prostitute, Karen Blackwell, 45 times in 1986. In a 7-to-4 ruling, the court found that the jury instructions in the penalty phase in 1988 might have prejudiced jurors to vote for a death sentence for the defendant, John Valerio.
A Clark County jury convicted him in 1988 and found the murder involved "torture, depravity of mind or mutilation."
But the 9th Circuit ruled that "depravity of mind" was too vague for jurors to understand what it was they were voting for.
The ruling means Valerio cannot immediately be executed. But it's up to prosecutors whether they wish to appeal to the U.S. Supreme Court or ask a new jury to issue a death sentence.
The case is Valerio v. Crawford, 98-99033.