New sentence ordered for Ala. death row inmate - ABC 33/40 - Birmingham News, Weather, Sports

New sentence ordered for Ala. death row inmate

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MONTGOMERY, Ala. (AP) - A federal appeals court has ruled that an Alabama death row inmate convicted of capital murder should be resentenced.

The 11th U.S. Circuit Court of Appeals in Atlanta made a 2-1 ruling Tuesday in favor of resentencing Derrick Anthony DeBruce, who was convicted in a fatal shooting at an AutoZone store during a robbery.

DeBruce argued that his attorney failed to cross-examine his accomplice who identified him as the gunman and failed to present evidence on his mental capacity and background. DeBruce said the conviction and sentencing violated his Sixth Amendment rights.

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