USA - Ohio. The 6th U.S. Circuit Court of Appeals threw out the 2002 death sentence of Kelly Foust, 34.

The 6th U.S. Circuit Court of Appeals threw out the 2002 death sentence of Kelly Foust, 34. Judges ruled 2-1 that the state must hold a sentencing hearing within 6 months for Foust, convicted of killing Jose Coreano and raping Damaris Coreano in 2001. The appeals panel says Foust didn't receive effective representation because his defense could have offered evidence that might have swayed at least 1 of 3 judges against the death penalty. The Cuyahoga County prosecutor's office plans to work with the state to appeal the ruling.