Sandy Murphy and Rick Tabish, convicted in 2000 for the murder of Binion heir Ted Binion, got their convictions overturned this week when the Nevada Supreme Court ruled that the original judge committed errors that unfairly biased the jury. There will be a retrial.

The justices also took issue with the way the testimony of attorney James Brown was presented to jurors. In an eve-of-death phone call, Binion told Brown of his youthful girlfriend, "Take Sandy out of the will if she doesn't kill me tonight. If I'm dead you'll know what happened."

The justices said Bonaventure should have instructed jurors to consider statements only as evidence of Binion's state of mind, not as fact. "The prejudicial impact was great: The statement strongly implied Murphy killed Binion," the justices wrote.

Of course it does! I'm not sure how else to take that statement. A judge telling me not to take that statement as fact wouldn't really change my opinion on that, either. Link (via about.com)

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