The Ohio Supreme Court says a woman convicted of killing her newborn should get a new sentencing hearing and a new judge.
on Thursday to send a high-profile baby murder case back to Muskingum County court for a new sentencing hearing but ordered that it be handled by a different judge.
The aggravated murder count carried a mandatory sentence of life in prison, though Weaver could have been eligible for parole in as early as 20 years. But Muskingum County Common Pleas Judge Mark Fleegle said at sentencing that he remained unconvinced that Weaver felt any true remorse. Fleegle, who gave Weaver life in prison without parole, also handled the post-conviction relief hearing. He discredited an expert witness who tried to explain Weaver's condition.
“Not only did the trial court misunderstand the evidence pertaining to neonaticide and pregnancy-negation syndrome, but it demonstrated a willful refusal to consider such evidence,” O’Connor wrote.
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