The court on Monday upheld Clayton Jerrod Ellington’s murder conviction, and a jury will once again have the option to sentence him to death.
Ellington’s attorneys had argued the trial court unfairly prohibited them from asking prospective jurors whether they would consider a life sentence rather than the death penalty.
Ellington was convicted of attacking his wife, Berna, with a hammer as she slept, and beating to death his twin sons in their cribs.
Officials in the DeKalb County Assistant District Attorney’s office were not immediately available for comment.
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