USA - Kansas. Judge Mark Braun overturned Phillip Cheatham's death sentence

Shawnee County District Court Judge Mark Braun issued a decision, ordering Phillip Cheatham be resentenced. Cheatham, 37, black, was sentenced to death (see Sept. 12 and Oct. 28 2005) for killing Annette Roberson on Dec. 13, 2003. Cheatham, was also sentenced to a “Hard 50” (50 years without parole) for the 1st-degree premeditated murder of Gloria Jones. Jurors also convicted Cheatham of attempted first-degree murder in the shooting of Annetta Thomas, who survived 19 bullet wounds to testify against Cheatham.Both Cheatham and prosecutors agreed Cheatham received ineffective counsel during the sentencing phase of his trial. Braun ruled that representation was adequate during the trial and that Cheatham's convictions for the killings should stand. Under Kansas law, only a jury may recommend a death sentence, so a new jury will be convened to decide whether Cheatham should be sentenced to death.