The Delaware Supreme Court overturned the death sentence...

The Delaware Supreme Court overturned the death sentence of Sadiki Garden, 27, ruling the trial judge did not adequately weigh the jury's recommendation of life in prison.
The 5 justices said Superior Court Judge John E. Babiarz Jr. "failed to give appropriate consideration" to jury votes of 10-2 and 9-3 in favor of sentencing Sadiki Garden to life in prison on the charges of murder and murder during the commission of a felony. Garden was convicted of killing Denise Rhudy, 36, during an attempted robbery in 1999.
The Supreme Court returned the case to Superior Court for Babiarz to reconsider the sentence. He still may sentence Garden to death but must give "great weight" to the jury's decision, the court said in its unanimous opinion. According to the ruling, Babiarz's decision did not take into account the principle that "the jury represents the 'conscience of the community.'