FILE - In this Sept, 10, 2009, file photo,Von Clark Davis, left, with his attorney Melynda Cook-Reich stand before a three-judge panel in Hamilton, Ohio, that sentenced him to return to Ohio's Death Row. The Ohio Supreme Court has upheld the death sentence of Davis who fatally shot his girlfriend three decades ago while on parole for killing his wife. (AP Photo/Hamilton Journal News, Nick Daggy, File) MAGS OUT