His conviction stands, but a judge has overturned the death sentence, ruling he was poorly represented.
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.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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