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Court to hear resentencing bid in Arizona death penalty case

The U.S. Supreme Court will hear an appeal Wednesday by an Arizona death row inmate who is seeking a new sentencing trial, arguing the horrific physical abuse that he suffered as a child wasn't fully considered when he was first sentenced. The appeal of James Erin McKinney could affect as many as 15 of Arizona's 104 death row inmates. Attorneys say the Arizona courts used an unconstitutional test in examining the mitigating factors considered during the sentencing trials of the inmates. The Supreme Court has ruled both that juries, not judges, must impose death sentences, and that mitigating factors, including childhood deprivations, must be factored into sentencing decisions. McKinney's attorneys say the Arizona Supreme Court erred last year in upholding his sentences after a federal appellate decision concluded that the state court used an unconstitutional test in examining the mitigating factors considered during his sentencing. Prosecutors said McKinney shouldn't get a sentencing retrial, arguing his case was considered officially closed years before the 2002 Supreme Court decision that required death penalty decisions to be made by jurors, not judges. Attorneys say the decision in McKinney's case could affect other Arizona death row inmates who could challenge the test used in evaluating the mitigating factors considered during sentencing. But it's unclear whether the ruling would affect death penalty cases from other states. Jordon Steiker, a law professor at the University of Texas who filed a friend-of-the-court brief supporting McKinney's position, said he doesn't think the McKinney decision will have much of an effect on cases outside of Arizona.

British woman in Malaysia court for trial in husband's death

A British woman accused of stabbing her husband to death at their Malaysian resort home entered court Monday for the start of a murder trial that could end with her sentenced to be hanged. Wearing a mask and handcuffed, Samantha Jones, 51, was escorted by police into the courthouse in Alor Setar in the northern state of Kedah. She was charged after police found a blood-stained kitchen knife in the couple’s home where John William Jones was found dead on Oct. 18, 2018. Police have said Jones confessed she stabbed her husband in the chest during a heated argument. The couple moved to the tropical Langkawi island 11 years ago under Malaysia My Second Home program, which gives foreigners long-staying visas. A conviction for murder carries a mandatory death sentence by hanging.