OKLAHOMA CITY (AP) _ A state appeals court has ruled that convicted child murderer Wayne Henry Garrison is not entitled to a total retrial of his murder case.
In a 3-to-1 decision, the Court of Criminal Appeals Friday denied Garrison's request for post-conviction relief. He claimed ineffective assistance from trial and appellate lawyers.
In a November 30th order, the appeals court affirmed Garrison's conviction for the first-degree murder of 13-year-old Justin Wiles, but overturned his death sentence.
Garrison's case is scheduled to return to a Tulsa County courtroom for a resentencing trial only. Prosecutors can again seek the death penalty. A March 31st hearing has been scheduled.
Jurors imposed the death penalty in 2001 after finding Garrison guilty of the boy's 1989 murder.
Now 45, Garrison was not charged until 1999, more than a decade after he was identified as a suspect. He has maintained that he is innocent.