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Death row inmate wants sentence overturned

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Updated: 1/06 7:43 pm
JACKSONVILLE, Fla. -- It's not the first time Danielle Stubbs' family has had to deal with news that the man who took her life is trying to save his own.  

Action News spoke to the family in 2012, when the Florida Supreme Court upheld Justin McMillian's death sentence.

At the time, her father, Harold Stubbs, said, "The Supreme Court's decision was the right decision."

In 2009, McMillian shot and killed Danielle Stubbs, 26, who was his girlfriend at the time.  Her family found her body inside her Westside home.

Officers arrested McMillian after a shootout with local and federal authorities.  He was convicted and sentenced to death in 2010.  He's been fighting that sentence ever since.  

Documents Action News obtained Monday from the Clerk of Court's office show his latest attempt to have his death sentence overturned cites ineffective representation by his public defender.  His new defense attorney claims mistakes made during the trial could have changed the outcome of his case.  

Action News contacted the Public Defender's Office. Spokesman Matt Bisbee said each defendant is given fair and adequate representation.

The case is set for a hearing in March.

McMillian was also convicted of the attempted murder of a police officer for being involved in a shootout before his arrest.

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