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CINCINNATI The entire 6th Circuit Court of Appeals in Cincinnati will hear oral arguments on June 6 to determine if the case against convicted killer John David Stumpf should be remanded back to the Guernsey County Common Pleas Court for re-sentencing.
The en banc (full panel) hearing is scheduled to begin at 10:30 a.m.
We expect a decision in a timely manner after the hearing, said Guernsey County Prosecuting Attorney Daniel Padden.
The 6th Circuit court in October 2011 granted a request by the State of Ohio to have entire court review the case prior to overturning the death sentence previously imposed against Stumpf.
In August of last year, justices with the 6th Circuit court ruled 2-1 to overturn the death sentence based on an alleged violations of Stumpfs due process rights.
He was convicted of killing Mary Jane Stout of New Concord in 1984.
According to the courts previous ruling, Stumpf would have been released form prison unless prosecutors granted him a new sentencing hearing within 90 days.
Stumpf was convicted of aggravated murder in Mary Janes death and attempted aggravated murder for shooting her husband, Norman.
The appeals court found prosecutors had evidence and believed Clyde Daniel Wesley, a co-defendant, was the man responsible for killing Mrs. Stout.
Wesley was convicted of aggravated murder, attempted aggravated murder and aggravated robbery during a trial in the Guernsey County Common Pleas Court. He was sentenced to life in prison, where he remains today.
The appeals court, which heard arguments in the case in 2007, overturned Stumpfs conviction and death sentence, but the U.S. Supreme Court reinstated the conviction.
The case was then sent back to the appeals court to determine whether Stumpf should receive the death penalty.
Stumpf and Wesley allegedly traveled to the Stouts home near Interstate 70 to rob them.
They advised the Stouts that their vehicle had broken down on I-70 and they needed to use a telephone to call for help in order to gain access to the home.
A third man, Norman Edmunds, remained outside the home.
Stumpf pleaded guilty to the murder charge, but then denied shooting Mary Jane Stout. He admitted to shooting Norman Stout, but said Wesley shot Mary Jane Stout during an attempt to have his plea withdrawn.
Stumpf is scheduled to remain on death row until the court rules on the case.