the United States Supreme Court has declined to hear the State of Idaho’s appeal of a Ninth Circuit...

the United States Supreme Court has declined to hear the State of Idaho’s appeal of a Ninth Circuit Court of Appeals decision in the case of Mark Lankford. As a result, a ruling by the Ninth Circuit Court of Appeals will stand.
A jury convicted Mark Lankford of the 1983 killings of Robert Bravence and his wife Cheryl.
Lankford and his brother Bryan, were both arrested and charged with the crime, and in separate trials blamed each other for killing the couple. Because of a plea agreement, Bryan was sentenced to life in prison with the possibility of parole. Bryan has recanted his story several times and has confessed to killing the Texas couple, saying he acted alone.
Despite that confession, Mark was ordered to be executed.
On November 7, 2006, the Ninth Circuit Court of Appeals ruled that Lankford be retried or released from prison, after the court found improper jury instructions were given by his attorney.
With the US Supreme Court ruling, the state now must follow the Ninth Circuit's original instructions - to file new charges in the case against Lankford, or release him from prison.
The Idaho County Prosecutor's office must now decide if they will file new charges in the case.