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Kansas Supreme Court orders new trial in 90 days

Published on -4/30/2013, 8:58 AM

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TOPEKA, Kan. (AP) -- The Kansas Supreme Court says prosecutors must try a Topeka man whose death penalty conviction was overturned within 90 days.

The court in January ordered a new trial for Phillip Cheatham in the 2003 murders of two women and the wounding of a third in Topeka. The deadline for an appeal of that order passed last week, prompting Monday's order.

Cheatham told the Topeka Capital-Journal Monday (http://bit.ly/13Iqcj6 ) in an interview from Hutchinson Correctional Facility that he just wants to go home. He said he would consider applying for bond because he wanted to walk out the front door of the prison.

The court ordered the new trial after finding Cheatham didn't get an adequate defense from his attorney in the original trial.

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