The Oklahoma Court of Criminal Appeals is slated to hear the appeal of a man who was convicted and sentenced to death in the fatal shooting of a state trooper almost nine years ago.
Arguments are scheduled Tuesday in the appeal of Ricky Malone, who was convicted of first-degree murder in trooper Nik Green's 2003 shooting death. Investigators say Malone shot Green with the trooper's gun after Green found him in a car that contained a mobile methamphetamine lab.
The court wants prosecutors to argue whether Malone's death sentence was imposed under the influence of passion, prejudice or any other arbitrary factor.
The appeals court previously overturned the death sentence and ordered a new sentencing trial. A Comanche County judge re-sentenced Malone to death in 2010.