His conviction stands, but a judge has overturned the death sentence, ruling he was poorly represented.
The Roseburg News-Review reports Fanus appeared Thursday at a brief hearing. District Attorney Rick Wesenberg confirmed he will again ask a jury to condemn Fanus to death. The trial isn't expected for months.
Fanus, now 33, was accused of killing Marion Carl during a break-in and robbery. Carl's wife, Edna, who died in 2007, was grazed by one of the shots.
Marion Carl was highly decorated as a pilot, flying missions at Midway and Guadalcanal during World War II and in Korea and Vietnam.
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