TEXARKANA, Ark. (AP) - A man convicted in the rape and murder of a Miller County store clerk 20 years ago has won an appeal ruling that will let him argue he shouldn't be executed because he has a low IQ.
The 8th U.S. Circuit Court of Appeals ruled Friday that Andrew Sasser should have a hearing to determine whether he is mentally unfit to be put to death. The panel also ruled that the 49-year-old Sasser also gets a hearing on whether he was effectively represented at his trial.
The appeals court turned away Sasser's argument that the jury didn't get proper instructions and found there was "overwhelming evidence" of Sasser's guilt.
Sasser is to get a hearing in U.S. District Court.
Separately, Sasser is party to a lawsuit challenging Arkansas' execution methods.Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.