TOPEKA, Kan. (AP) _ The Kansas Supreme Court has overturned the death sentence of a man convicted of killing a Goddard couple in 1996.
The justices ordered a new sentencing hearing for Gavin D. Scott over several issues raised by his attorneys. It returned the case to Sedgwick County.
Scott was sentenced to die for the shootings of Doug and Beth Brittain in their rural Goddard farmhouse. An accomplice was sentenced to 80 years to life in prison.
Not only was Scott convicted of capital murder for both killings, he was convicted of first-degree murder for Doug Brittain's death. The court concluded that conviction improperly duplicated the capital murder conviction.
The court also said the judge made errors in instructing the jury.
(Copyright 2008 by The Associated Press. All Rights Reserved.)