29 August 2010 :

In a unanimous decision, the 9th U.S. Circuit Court of Appeals overturned the death sentence of David S. Detrich, 50, in the Nov. 4, 1989 rape and killing of Elizabeth Souter, 38. The court ruled that Detrich's lawyer did not properly investigate the background of Detrich to see if there were factors which a jury could have considered when deciding if she should be executed or instead sentenced to life behind bars. In issuing the ruling, the appellate court sent the case back to Pima County Superior Court for a resentencing hearing. But the judges said if prosecutors are not interested in pursuing the case, Detrich will automatically be sentenced to life behind bars. This is actually the 2nd time the case has been sent back to the trial court. In 1994 the Arizona Supreme Court tossed the entire conviction, ruling that the judge did not give the jury proper instructions.