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Scott Peterson Death Penalty Sentence Thrown Out

Scott Peterson just got a big break, because the California Supreme Court has reversed his death penalty sentence for murdering his wife and unborn child.

The Court ruled the trial judge in the case erred by dismissing prospective jurors who opposed the death penalty but claimed they could still follow the law and impose it if the evidence so warranted.

The State's high court ruled unanimously ... opposition to the death penalty alone is not grounds to dismiss prospective jurors. They can be dismissed if they won't follow the law, but some people with strong opinions still have the capacity to follow the judge's instructions.

Peterson killed his wife, 27-year-old Laci Peterson, and their unborn son, Connor. Laci was 8 months pregnant when she and Connor were murdered on Xmas eve, 2002.

Peterson, now 47, will almost certainly remain in prison because his conviction still stands. But, there now must be a new trial on sentencing. The D.A. where Peterson was tried has not said if he'll seek the death penalty again.

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