COLUMBUS, Ohio (AP) - Ohio's high court has ruled that a new jury can consider the death penalty in the resentencing of a man who killed a State Highway Patrol trooper in 1996.
A federal appellate court set aside Maxwell White Jr.'s death sentence in 2005 but upheld his aggravated murder conviction for the slaying of trooper James Gross after a traffic stop on Interstate 71 in northern Ohio. The U.S. 6th Circuit Court of Appeals had ruled the sentence was improper because of a juror's bias in favor of the death penalty against White.
In a 5-2 decision, the Ohio Supreme Court ruled Thursday that consideration of the death penalty by a new jury during his resentencing is not a retroactive application of state laws, which is banned by the Ohio Constitution.
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