Prosecutor Misconduct, Shoddy Defense Upend Death Sentence

A lawyer’s failure to object to “troubling” prosecutor misconduct and “crucial misleading” jury instructions means a convicted double-murderer gets a chance to overturn his death sentence, the U.S. Court of Appeals for the Seventh Circuit held.

Although Fredrick Baer’s crimes are “despicable” and his guilt is “clear,” he’s entitled to a penalty trial “untainted by constitutional error,” the court said in a Jan. 11 opinion by Judge Ann C. Williams.

Baer was convicted in Indiana state court of murdering a 24-year-old woman and her 4-year-old daughter. He was sentenced to death.

The State supreme Court rejected Baer’s post-conviction motion alleging ...