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An Ohio murder case in which the prosecutor secured two separate convictions by using irreconcilable theories that each defendant fired the fatal shot has prompted the U.S. Supreme Court to consider whether that violates due process protections. The use of inconsistent theories to gain convictions of two defendants for an action only one could have committed occurs more frequently than might be expected. The California Supreme Court overturned a death sentence two weeks ago for the same reason.
March 16, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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