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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Grow 'em before you plant 'em Since You Asked: Street utility fee is non-negotiable Emergency Services Events planned for Veterans Day New cable fence stops out-of-control SUV Crime, Courts and Emergency Services Emergency Services New cable fence stops out-of-control SUV Emergency services Police still searching for high-speed driver Emergency services Politics and Elections Ballot measures played little role in mobilizing voters in state Senate race 'Euphoria' over pot initiative Oregon voters narrowly reject GMO labeling measure Statewide voter turnout close to 70 percent Marsh, Seffinger win big in Ashland council races Education Crater students present play about Thoreau's night in jail Half of Oregon's community college enrollees need remedial classes Marketta Gregory: Stretch yourself for God Medford Schools Foundation supports programs the district can't Fire marshal visit prompts cancellation of Sacred Heart haunted house Environment Grow 'em before you plant 'em Since You Asked: Biomass One makes steam-generated power Organic squash creates a bountiful harvest for ACCESS Prospect-area cow death likely not a wolf kill Navickas ordered to pay court filing fees State News Kitzhaber embattled as he seeks fourth term Nation - World Obituaries Jeanne R. 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New cable fence stops out-of-control SUV ... Our View: Dems should take it slow in Salem ... Events planned for Veterans Day ... New cable fence stops out-of-control SUV ... Our View: Dems should take it slow in Salem ... Murderer's life sentence overturned Convicted of killing his parents and sister in 1984, Billy Gilley will receive a new sentence The sentence of life in prison has been overturned in the case of a man convicted of murdering his parents and a sister in 1984 in Medford. By SARAH LEMON MailTribune.com By SARAH LEMON Posted Sep. 8, 2007 @ 2:00 am By SARAH LEMON Posted Sep. 8, 2007 @ 2:00 am » Social News The sentence of life in prison has been overturned in the case of a man convicted of murdering his parents and a sister in 1984 in Medford. Billy Gilley was granted the right to a new sentence following the 9th U.S. Circuit Court of Appeals' affirmation on Aug. 31 of an earlier U.S. District Court opinion that Gilley's attorney provided ineffective counsel during the sentencing phase of his trial. However, Gilley's convictions on three counts of aggravated murder stand, the Appeals Court ruled. "What actually happened is a victory for the state," said Peter Shepherd, deputy Oregon attorney general. Gilley likely will pursue further appeals, which will take at least several months, before he returns to Jackson County for a new sentence, Shepherd said. He will not be released from custody, but at some point will be housed at the Jackson County Jail pending a new hearing, Shepherd said. Gilley is at the Oregon State Penitentiary in Salem, according to a spokeswoman for the Oregon Department of Corrections. Despite Gilley's appeals, there is widespread agreement on the facts of the case. On April 26, 1984, Jody Gilley skipped high school classes. When she returned home, she got into an argument with her mother, Linda. Billy Gilley, then 18, told his sister that he would like to bash his mother's head in with a baseball bat. He also angrily referred to his father's practice of whipping him with a garden hose. Later that night, Billy Gilley woke up Jody and told her to keep their younger sister, Becky, upstairs. But Becky followed her brother downstairs. Jody heard Becky scream, followed by pounding sounds. Billy Gilley came back upstairs covered with blood. He said they were "free now." He said it was like "Friday the 13th" and "more messy than he thought it would be." Gilley later admitted to the murders, claiming he killed his parents to protect Jody. He said he killed Becky by accident. U.S. Magistrate Donald Ashmanskas in December 2004 reversed Gilley's conviction, ruling that Gilley's original attorney inadequately defended him in Jackson County Circuit Court. The 9th Circuit reversed Ashmanskas' decision as to the "guilt phase" of Gilley's trial, but agreed with his opinion as to Gilley's sentencing phase. A competent defense counsel, the court wrote, would have presented mitigation evidence at sentencing, including an expert's explanation that Gilley presented virtually no risk of recidivism. Jackson County District Attorney Mark Huddleston said he anticipates the only issue at Gilley's new sentencing will be whether his sentences of life with a minimum of 30 years should run back-to-back or at the same time. Circuit Court Judge Mitchell Karaman stacked two of Gilley's sentences for a total of 90 years (see correction below) , Huddleston said. Oregon's death penalty was not in effect during Gilley's trial. Reach reporter Sarah Lemon at 776-4487, or e-mail [email protected]. Correction: The original version of this story included reference to the incorrect number of years in Gilley's total sentence. This version has been corrected. 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