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Court ruling could affect Death Row

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    California's Supreme Court overturns death penalty for killer

  • Duration 3:10
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Now actually interesting case at a California California Supreme Court tossing out the death sentence of a man convicted of murdering two women.

Nearly thirty years ago the court says the judge presiding over the trial of John McCarty you're seeing on your screen.

And properly dismissed a prospective.

Juror because of her conflicting responses about the death penalty.

And whenever -- victims was a mother of rock guitarist Dave Navarro who have actually became a member of the Red Hot Chili Peppers among other bands.

And this ruling could affect other death row -- specifically.

Scott Peterson who -- convicted of murdering his wife and unborn son back in 2002.

And there's murmurs that his lawyers are attempting to deal.

The same thing here at least -- as a Fox News legal analyst and joins us now so least.

Eight perspective juror not -- eight non owner that sack stat.

I've heard evidence this is -- what we call a legal technicality that we all kind of hate hate lawyers for -- -- to be in the group.

But I have to tell you there's in 1994 decision 84 is as an excuse me Supreme Court said that's automatic reversal if a prospective.

Not someone who's actually there Jenna prospective juror says I'm not sure what I think about that.

Definitely -- But here's a thing.

Shouldn't that lawyer who is representing that defendant before the jury starts saying okay then you're out of there you're out.

This case in particular had thirty years ago I know I -- so.

They'll lawyers had thirty years to look at what the judge said about a prospective juror before that Casey levees around new lawyers because you have lawyers for the trial and when they lose and you have appellate -- -- completely different have a lawyers.

And part of the print job at the appellate lawyers say -- you.

Travelers you screwed up you did not do a good job and that's one thing he did not do right what do you think -- says -- the power of the judge the person and it's ultimately making those decisions about I should -- it.

On this case.

It says something for the judge that judges got to be relevant you know aware of this to decision I'm sure that he or she -- And say if you're in that mindset if you don't know what do you agree or disagree with the death penalty.

You're out.

That's it.

It's hard to look at these convicted found -- convicted -- -- exact convicted criminals and murderers but.

If that was a family member of ours we would wind due process sit in this an example law the courts working -- working.

-- in your opinion is that the example of something else well it's due process I guess in the sense that you know the -- -- because of the convicted.

The conviction will not be overturned it will now just not -- -- death penalty case -- they'll still be it they'll still be -- to present but who's gonna pay for the China.

You pointed that part I'm gonna pay for the rest rest and -- -- of real quick Scott Peterson his lawyers had been really been challenging this case since since the ruling came right.

And there were prospective jurors that were kicked out of the jury pool because about you know I covered the case from beginning to end there.

It may work for Scott Peterson and I hate this page and it may work for Scott -- according to the law and they would be the law and work.

Least thank you very much interest in case and what we'll continue to watch the suggesting -- the Peterson case.

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