USA - Pennsylvania. The 3rd U.S. Circuit Court of Appeals decided a new sentencing phase for Scott Wayne Blystone, 55, white.

Scott Wayne Blystone, 55, white, will get a new sentencing phase, the 3rd U.S. Circuit Court of Appeals decided in a ruling issued today. Mr. Blystone was convicted of the Sept. 1983 murder of Dalton Charles Smithburger Jr., found with six gunshot wounds to the back of his head after being robbed of $13. At trial, the 3rd Circuit judges wrote, Mr. Blystone called no witnesses, and he declined to testify or bring evidence in the penalty phase in which jurors chose the death penalty.In state appeals, Mr. Blystone blamed his lawyer. State courts found that Mr. Blystone made the decision to present no defense, against the advice of his attorney and after being questioned by the judge. Mr. Blystone appealed to federal court, and U.S. District Judge Gary L. Lancaster on March 31, 2005 (see) ordered a new sentencing phase, but no new trial. Both Mr. Blystone and the state appealed. The 3rd Circuit affirmed Judge Lancaster's ruling, finding that defense counsel could have presented evidence of Mr. Blystone's mental problems. Unless appealed, the ruling gives state courts 120 days to hold a new sentencing hearing.