US appeals court throws out death sentence

By The Associated Press

ANDERSON — A federal court has thrown out the death sentence of a man convicted of killing a central Indiana woman and her 4-year-old daughter.

The 7h U.S. Circuit Court of Appeals remanded the case of Frederick Baer back to Madison County on Thursday for resentencing.

The Herald Bulletin reports the court cited ineffective legal counsel for failing to object to instructions that kept the jury from considering mitigating circumstances and failing to object to instances of prosecutorial misconduct. It also criticized the trial court and the Indiana Supreme Court’s denying Baer’s appeal on similar grounds.

The 46-year-old Indianapolis man was convicted of the February 2004 slayings of 26-year-old Cory Clark and her 4-year-old daughter Jenna at their rural Madison County home near Lapel, about 25 miles northeast of Indianapolis.

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