Death sentence upheld in Ohio buried alive case

Archie Dixon in court circa 1995.

CINCINNATI (AP) - A federal appeals court has upheld the conviction and death sentence of a man accused of beating his roommate and burying him alive in 1993.

A three-judge panel of the 6th U.S. Circuit Court of Appeals ruled 2-1 Tuesday against Archie Dixon's appeal in the slaying of Christopher Hammer in Lucas County. Dixon claimed ineffective counsel, improper jury instructions and exclusion of some evidence in the trial's penalty phase.

Dixon's attorney didn't immediately return a call for comment.

The appeals court in Cincinnati in 2010 overturned Dixon's death penalty and conviction on charges of aggravated robbery, murder, kidnapping and forgery. The court said then that his confession was coerced by police.

But the U.S. Supreme Court reversed that dismissal. The 6th Circuit ruled Tuesday on remaining claims in Dixon's appeal.