USA - Florida. The 11th U.S. Circuit Court of Appeals overturned the death sentence of John Gary Hardwick

The 11th U.S. Circuit Court of Appeals upheld a lower-court decision that John Gary Hardwick Jr., now 56, White, did not receive adequate legal representation before being sent to death row. The appeals court ordered the state to hold a new sentencing hearing or to re-sentence Hardwick to life in prison. Hardwick was convicted in the December 24, 1984 murder of 17-year-old Keith Pullum, and sentenced to death on April 24, 1986. A 3-judge panel of the appeals court agreed with Hardwick's argument that he received "ineffective assistance of counsel" during the sentencing phase of the case. The court said Hardwick's attorney did not bring up a series of issues to jurors, who recommended by a 7-5 vote that Hardwick receive the death penalty. Those issues, including Hardwick being neglected and abused as a child and a long history of substance abuse, could have been considered as "mitigating" evidence to argue against the death penalty.