Death row inmate to get new trial | montgomeryadvertiser.com | Montgomery Advertiser

Death row inmate to get new trial | montgomeryadvertiser.com | Montgomery Advertiser: "Jodey Wayne Waldrop, who has been under a death sentence nearly three years, was granted a new trial by a state appeals court in March and the Alabama Supreme Court recently declined to hear the state's appeal.A date for his retrial in the killing of Jodey Jo 'Chance' Waldrop has not been set.Prosecutors contend the boy was shaken by his father so violently that it caused brain damage that led to his death. Waldrop testified that he dropped his son while lighting a cigarette.The Alabama Court of Criminal Appeals ruled that Circuit Court Judge Terry Dempsey should have instructed jurors not to consider testimony about Waldrop having been convicted of assault in Mississippi.Franklin County District Attorney Joey Rushing was notified during the weekend that the Alabama Supreme Court declined to hear the appeal."