A man convicted of the 2001 murder of Robert Fingerhut in Trumbull County could be re-sentenced for the crime - if a recent appeal isn't overturned in time.

On August 6, the 6th U.S. Circuit Court of Appeals in Cincinnati ruled in favor of Nathaniel Jackson. It remanded his case back to the Trumbull County Common Pleas Court for a re-sentencing following a habeas corpus action filed by Jackson.

Both Roberts and Jackson were sentenced to death for their actions leading to the murder of Fingerhut.

The decision to grant this action by Jackson stems from concerns over communication between the judge who handled the case and an assistant prosecutor involved.

It's worth noting that the Ohio Supreme Court had previously heard an appeal for re-sentencing from Jackson regarding and issued reprimands to the parties involved but stopped short of siding with Jackson. They added that the original convictions and sentences were approved based on what was presented in the original hearing.

In response, prosecutors are seeking a 30-day extension to file a motion for a full panel review and reversal of this decision, per a news release from the Trumbull County Prosecutor's Office.

Prosecutor Dennis Watkins, who was involved in prosecuting Jackson, is calling the reversal an "undue interference with the state's court justice system."

"It is unfortunately another example of overreach by a federal court intruding into the authority of our state courts to carry out valid sentences by claiming a procedural sentencing mistake, which was subsequently corrected and upheld by the Ohio Supreme Court," Watkins says in a letter to Attorney Dave Yost asking for the extension.

Jackson and Roberts were convicted for conspiring to kill Fingerhut, the ex-husband of Roberts.

Evidence shows the two developed a plan to murder Fingerhut while Jackson was still in prison in Mahoning County, according to the prosecutor's office.

In 2001, Jackson broke into Fingerhut's home in Howland and fatally shot him. Prosecutors say this plan was detailed in phone conversations and letters between Jackson and Roberts.

They were both convicted and sentenced to death in 2002.

Roberts, for her part in the killing, recently had an appeal denied in 2023.

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