15 January 2010 :

The 11th U.S. Circuit Court of Appeals in Atlanta reversed the death sentence of James "Ray" Ward finding there was "improper bailiff-jury communication" during the penalty phase of his trial and ordered a new sentencing hearing. A Walker County jury convicted Ward of feticide and the August 17, 1989 kidnapping, rape and murder of 23-year-old Nikia Gilbreath. Ward argued in appeals that jurors asked a bailiff during deliberations whether they could impose a sentence of life without parole, and the bailiff told them it wasn't an option. The appeals panel found that it violated Ward's right to an impartial jury and that the communication should have handled in court.