APPELLATE COURT SAYS DIEHL MAY APPEAL
The state Court of Appeals has reversed itself and ruled that Michael Diehl can appeal his 1987 conviction for murdering his son.
The court's decision reverses a ruling it made Aug. 30 denying Diehl an appeal because his attorney, Paul Sutton II, had not filed transcripts in time.
In reconsidering, Sutton said, the court determined he had filed the transcripts on time. He now must file briefs with the appeals court.
Michael and Karen Diehl of Idaho were arrested in 1986 while living in Virginia Beach in a school bus with their 17 children, 13 of them adopted.
They were convicted last year of killing Dominick Diehl, 13. The couple said the boy's fatal injuries came when they were trying to discipline him.
In separate trials, Karen Diehl was sentenced to 31 years in prison. Michael Diehl was sentenced to 41.