A Kentucky prosecutor will argue for the justices to reinstate the death sentence of 39-year-old Robert Keith Woodall. A jury sentenced him to die for the 1997 death of 16-year-old Sarah Hansen of Greenville.
But a U.S. district judge overturned it in 2009 because jurors were improperly instructed before sentencing. Woodall's attorneys had also argued he didn't get a chance to object to the dismissal of a black juror.
The case will be heard later this year or in the Spring of 2014.