A former Missouri deputy and correctional officer on death row for a double killing is getting a new sentencing.

The Missouri Supreme Court on Tuesday ruled that Marvin Rice deserves a new penalty phase after being sentenced to death for killing his ex-girlfriend in a child custody dispute.

Supreme Court judges said that prosecutors violated his right against self-incrimination by drawing the jury’s attention to the fact that he didn’t testify.

Rice also is getting a new trial in the killing of his ex-girlfriend’s boyfriend.

Judges ruled that the lower court made an error in a ruling about jury instructions in that case.

The Missouri Attorney General’s Office fought in favor of the convictions and sentencings against Rice. A spokesman did not immediately comment Tuesday.