The 10th U

The 10th U.S. Circuit Court of Appeals ruled 2-1 that Michael Edward Hooper did not receive a fair trial when jurors were considering what penalty he should receive.
Hooper's convictions for the 1993 murders of his ex-girlfriend Cindy Jarman, 23, and her children, Tonya, 5, and Timmy, 3, remain, but the court overturned his three death sentences.
The two judges in the majority concluded that Hooper's attorneys did such a poor job of presenting mitigating psychological evidence on his behalf that they did not meet constitutional standards for providing an effective defense.
Prosecutors can take the case to another trial which would determine only if Hooper should be executed or should serve a life sentence in prison.