“It just means that he is going to get an opportunity to have a fair trial, and we think it’s the right decision,” Dothan's atorney Randy Susskind said.
Susskind said the court’s opinion said they found the trial judge improperly instructed the jury in regard to capital murder.
“The judge basically told the jury that they must presume that he had the intent to kill,” Susskind said. “The judge should have told the jury that they had to make the determination about whether or not that he had the specific intent to kill.”
The Prosecution contends a clerical error.
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