09 December 2010 :

Henry Duncan was resentenced today to life in prison without the possibility of parole. Superior Court Judge Mark Arnold gave the sentence, Duncan, 46, black, was initially sentenced to death in 1986 for the Nov. 13, 1984, stabbing death of Josephine Eileen DeBaun, 28, during the course of a robbery at a restaurant, where both worked. But the 9th U.S. Circuit Court of Appeals on June 24, 2008 (see) vacated his guilty verdict and death sentence, saying his trial lawyer provided ineffective assistance of counsel, having failed to take advantage of evidence he may have had an accomplice. On Nov. 1, another jury found the allegation true again, but prosecutors opted not to seek the death penalty for a 2nd time against Duncan.