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Ex-Prison Guard on Death Row Wins Appeal

Wednesday, Oct 30, 2013  |  Updated 4:13 PM CDT
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Ex-Prison Guard on Death Row Wins Appeal

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The Texas death chamber in Huntsville.

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The Texas Court of Criminal Appeals says a former corrections officer convicted of the 2009 slayings of his wife and mother-in-law should have had a formal competency trial before he was tried for their slayings and sent to death row.

A divided court ruled 5-4 Wednesday the case of Frank Turner should be returned to his Fort Bend County trial court to determine if it's possible to hold a "retrospective" competency trial.

The court says it will take another look at Turner's appeal of his conviction depending on whether that proceeding is feasible or on its outcome.

Turner was condemned for the December 2009 stabbing deaths of his wife, Keitha, and his 66-year-old mother-in-law, Betty Joe Frank, at Frank's home in Rosenberg. His attorneys described him a delusional and paranoid.

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