NASHVILLE, Tenn. (AP) -- A three-judge federal appeals court panel said it can't determine if the Tennessee should be barred from retrying a former death row inmate and is sending the case back to district court for "further fact-finding."
A federal judge ordered prosecutors to retry or free Paul House after the U.S. Supreme Court concluded in 2006 no juror would have found him guilty based on evidence that emerged years after his original trial.
The state has already begun proceedings for a second trial in the 1985 slaying of Carolyn Muncey in Union County.
The appeals court said in ruling filed Monday that the "record before this court is inadequate" to determine the issue and it remanded the case to the district court for more fact-finding.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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