Tom Capano's death sentence has been thrown out by the Delaware Supreme Court...

Tom Capano's death sentence has been thrown out by the Delaware Supreme Court, which ordered a new penalty hearing and a resentencing for Capano. A former state deputy attorney general, Capano was convicted and initially sentenced to death for the 1996 murder of Anne Marie Fahey.
The justices overturned the death sentence based on new legal considerations of whether death sentences must be voted on unanimously. In Capano's case, the jury's 11-1 vote that the murder was premeditated meant it failed to find Capano eligible for the death penalty "beyond a reasonable doubt" - just as an 11-1 vote in a criminal trial fails to result in a conviction.
The court, however, split on the question of changing Capano's death sentence to life in prison or picking a new jury, ordering a 2nd, and costly, penalty hearing and resentencing. 2 of the 5 justices, including Chief Justice Myron T. Steele, said altering the sentence to life was appropriate, but the majority ruled in favor of new proceedings.
The court ruled Tuesday, but as is its practice, waited a day to release the opinion.
At trial, prosecutors said Capano killed Fahey, the scheduling secretary to then-Gov. Tom Carper, in 1996 because she was about to break off their affair.