MONTGOMERY, Al.
A federal appeals court has overturned the death sentence given to an Alabama death row inmate for the 1979 shooting of a county sheriff in Alabama.
The 11th U.S. Circuit Court of Appeals Monday overturned the death sentence given to 60-year-old Billy Joe Magwood for the 1979 shooting death of Coffee County Sheriff Neil Grantham.
The appeals court said Alabama's law when Grantham was killed did not make killing a law enforcement officer a death penalty offense.
Magwood had argued that the law was later changed to make murder of a law enforcement officer an aggravating offense for jurors to use in determining if someone should be sentenced to death.
Officials in the Alabama Attorney General's office had not decided Monday if they would appeal to the U.S. Supreme Court.
A federal appeals court has overturned the death sentence given to an Alabama death row inmate for the 1979 shooting of a county sheriff in Alabama.
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| Billy Joe Magwood |
The appeals court said Alabama's law when Grantham was killed did not make killing a law enforcement officer a death penalty offense.
Magwood had argued that the law was later changed to make murder of a law enforcement officer an aggravating offense for jurors to use in determining if someone should be sentenced to death.
Officials in the Alabama Attorney General's office had not decided Monday if they would appeal to the U.S. Supreme Court.
Magwood was twice sentenced to death in the case. In a ruling last year, he was allowed to appeal again because a majority of the U.S. Supreme Court decided the appeal of his second sentence was not a "second or successive" attempt, but instead a brand new sentence that could be challenged anew.
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