USA - Ohio. The U.S. Sixth Circuit Court of Appeals overturned John David Stumpf”s conviction and death sentence

The U.S. Sixth Circuit Court of Appeals in Cincinnati overturned John David Stumpf”s conviction, ruling that his due process rights were violated. Stumpf, 51, must be released unless the state grants him a new hearing within 90 days, the court said in its 2-1 ruling. Stumpf was convicted in 1984 of murdering Mary Jane Stout at her home on May 14, 1984. For the murder, Stumpf received the death penalty and was also sentenced to 25 years in prison, to run consecutively, for the attempted murder connected to the shooting of Mary Jane’s husband, Norman. In 2004 (see Apr. 28, 2004), the 6th Circuit vacated the conviction and death sentence based on an involuntary guilty plea and inconsistent prosecution theories and remanded the case back to Guernsey County for a retrial. Then in 2005 (see June 13, 2005), the U.S. Supreme Court reversed that decision and placed the case back in the hands of the 6th Circuit Court. The court, which heard arguments four years ago, had overturned Stumpf's conviction and death sentence. The U.S. Supreme Court reinstated the conviction and sent the case back to the appeals court to determine whether he should receive the death penalty. Stumpf and Wesley had been arrested in the killing of Stout and shooting of her husband, Norman. The two men had gone to the couple's home and asked to use the phone so they could rob them. Stumpf, who pleaded guilty to 1st-degree murder, admitted shooting Norman Stout in the head but said Wesley killed Mary Jane Stout. The court found prosecutors had evidence and believed Clyde Daniel Wesley, a friend of Stumpf's and the co-defendant, was the trigger man in the death of Mary Jane Stout.