Set Free.
"A federal appeals court has overturned the sentence of a man who has spent the past 23 years on death row for the killing of gay man. Robert Van Hook never denied strangling, stabbing and mutilating the body of David Self in Self’s Cincinnati apartment in 1985. The two had met in a local gay bar earlier on the day of the killing. At the time Van Hook claimed temporary insanity." [365 Gay]
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The way I read this, they have overturned his death sentence, not his conviction. Unless I am missing something, he is probably still looking at life in prison.
Capital punishment is state sponsored murder.
Since prosecutors are allowed to strike potential jurors who oppose the death penalty (about 40% of the jury pool) you cannot get a fair trial if you are charged with a capital crime.