LOUISVILLE, Ky. (AP) - A southeastern Kentucky man has won a new
trial on charges that he beat a man to death during a fight in
The Kentucky Supreme Court ruled Thursday that a judge erred in
not dismissing two prospective jurors in the case of 50-year-old
Nathan McDaniel Jr. of Manchester in Clay County, even though both
panelists acknowledged knowing the victim in the case.
McDaniel is serving 30 years in prison for the beating death of
Gerald Sizemore, who died Aug. 19, 2007, a day after the beating.
Justice Will T. Scott ruled that defense attorneys should not
have had to use challenges to dismiss the two jurors. Instead,
Scott ruled, the two jurors should have been dismissed
automatically because of their relationships with Sizemore and his
(Copyright 2011 by The Associated Press. All Rights Reserved.)