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Florida Supreme Court Considers Death Sentence
07/01/09 - 02:51 PM
Associated Press
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click for larger image Tallahassee, Fla:

The Florida Supreme Court again is considering an appeal from a convicted killer who is under an active death warrant.

The justices heard oral arguments Wednesday. They previously stayed the scheduled May 13 execution of John Richard Marek so a new trial judge could hear his appeal that he should get the same sentence - life in prison - as his co-defendant.

The high court ruled a previous judge should have disqualified himself.

The 47-year-old Marek was convicted of the June 1983 kidnapping, rape and strangulation of Adella Marie Simmons in Broward County. He had picked her up on Florida’s Turnpike where her car had broken down.

Marek’s lawyer argued newly discovered evidence points the co-defendant as the actual killer.

There’s no word on when the justices will hand down their decision.

(Copyright 2009 by The Associated Press.  All Rights Reserved.)

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