PHOENIX (AP) — A federal appeals court is reconsidering an appeal filed on behalf of an Arizona Death Row inmate convicted of two killings during burglaries.
A three-judge panel of the 9th U.S. Circuit Court of Appeals last September upheld a trial judge’s denial of James Erin McKinney’s challenges to his murder convictions and death sentences.
However, the San Francisco-based appellate court now says a larger panel of its judges will consider McKinney’s appeal.
The three-judge panel’s ruling said it didn’t matter much that McKinney was seated so he faced the jury while on trial with a co-defendant before separate juries. And it rejected his other challenges in the appeal.
McKinney was convicted in the 1991 killings of Christene Mertens and Jim McClain during separate burglaries in Maricopa County.