USA - Ohio. Nicole Diar, sentenced to death for murdering her 4-year-old son, will be removed from death row

Nicole Diar, sentenced to death for murdering her 4-year-old son on August 27, 2003, will be removed from death row because of a court error, the Ohio Supreme Court ruled today. Diar, 33, 1of only 2women in the state on death row, will be re-sentenced at a later date in Lorain County. The Supreme Court upheld Diar's aggravated murder conviction but determined the lower court made a mistake during her sentencing in 2005 by not informing the jury that a single vote could prevent the woman from receiving the death penalty. Prosecutors said Diar killed her son, Jacob, then set her apartment on fire to cover up the crime. (see also Nov. 2, 2005)