JACKSON, Mississippi — Mississippi death row inmate Jeffrey Havard will argue to the state Supreme Court that a forensic pathologist suggests the girl Havard is convicted of killing was not sexually abused.
Supreme Court Justice Josiah Dennis Coleman granted Havard's motion to present those arguments to the court. Coleman denied a motion by attorney Graham Carner of Jackson to order a hearing in Adams County Circuit Court.
The alleged sexual abuse, the underlying felony, qualified the case for the death penalty.
Havard was convicted in 2002 of capital murder and sentenced to death in Adams County for killing a 6-month-old Chloe Madison Britt of Ferriday, Louisiana, the daughter of his girlfriend.
Prosecutors say the infant's injuries were consistent with shaken baby syndrome, but she also had suffered from sexual abuse.
Information from: The Clarion-Ledger, http://www.clarionledger.com
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