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| USA - Jason Michael Osborn |
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USA - Alabama. Jason Osbornâs conviction and death sentence reversed
June 26, 2026: June 26, 2026 - Alabama. Jason Osborn’s conviction and death sentence reversed
The Alabama Court of Criminal Appeals has reversed the conviction and death sentence of Jason Michael Osborn, who was convicted of murder in February 2023 and has been on death row at Holman Correctional Facility. His case is now ordered back to Morgan County Circuit Court, but the date of that new trial has not been set.
The crime happened on Oct. 28, 2018, when Ricardo Dwayne Brown was found unconscious on 12th Avenue. He later died of his injuries.
Investigators argued – and a previous jury agreed – that Osborn robbed Brown of money and drugs, then hit him with a vehicle and drove away.
In its decision released Friday, the appellate court found prosecutors committed plain error during closing arguments by making comments the court says improperly highlighted Osborn’s decision not to testify. During rebuttal, the prosecutor told jurors that “there’s only two people that know what happened out there and one of them is dead,” the court stated.
The court wrote that because no curative instruction was given, the error required reversing the conviction and sending the case back for further proceedings.
In the filing, the court wrote, “Under Sykes and the authorities cited therein, this Court holds that the prosecution’s remark was a direct comment on Osborn’s decision not to testify. And because the circuit court took no curative action, we must reverse Osborn’s conviction and death sentence.”
The appeals court rejected several other issues raised by Osborn, including a challenge to the authority of the judge who presided over his trial. But it concluded the prosecutor’s comments during closing arguments violated Osborn’s constitutional rights. On Osborn's case see also HoC 15/02/2023
https://whnt.com/news/decatur/death-sentence-conviction-overturned-in-2018-decatur-murder/ (Source: WHNT, 26/06/2026)
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