BIRMINGHAM, Ala. (AP) — An Alabama inmate who was twice sentenced to die has now been taken off death row.
AL.com reports 40-year-old Marcus Benn on Monday was sentenced to life without the possibility of parole for the 2010 slayings of three people.
Jefferson County Circuit Judge Tracie Todd said she made her ruling in light of the U.S. Supreme Court’s ruling striking down Florida’s death penalty statute in January in the case of Hurst v. Florida.
Benn had been initially sentenced in January 2015 to die by lethal injection, but an appeals court ordered Todd to re-sentence him in open court.
Todd re-sentenced Benn to death in June, but the appeals court said the re-sentencing was premature because the certificate of judgment was not issued until two days after the re-sentencing.