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Life Sentence Overturned For Man In Sub Shop Abduction, Murder

EASTPOINTE (WWJ/AP) - A mandatory no-parole life sentence has been overturned in the case of a young man convicted in the August 2009 murder of Matt Landry.

The Michigan appeals court ruled Ihab Masalmani is entitled to a new hearing because the U.S. Supreme Court has struck down mandatory no-parole sentences for murder committed by teenagers.

Masalmani was 17 when he kidnapped Landry, 21, from an Eastpointe Quiznos parking lot.  Landry was held for four days before he was shot in the head. His body was later found inside a burned out vacant house in Detroit.

When he returns to Macomb County court, Masalmani still could get the same life sentence. But he's entitled to a hearing where a judge can consider many factors, including Masalmani's troubled childhood.

Maslamani, who never admitted to the killing, said at his sentencing that he would not use his past as an excuse for his behavior.

Macomb County Prosecutor Eric told WWJ Newsradio 950 he'll argue that Maslamani never get parole.

"This poor kid stops for a sandwich and gets beaten, kidnapped, robbed and then ultimately murdered," said Smith. "You know, this guy and his co-defendant had plenty of time to reflect on this over the course of a whole weekend, essentially, when he was missing."

WWJ's Sandra McNeil spoke with Landry's father who said his family will be in court for the re-sentence -- and "there's no way"Maslamani is ever getting out of prison.

As for how the family is doing, Robert Landry said Matt's bedroom is still untouched three years later.  "There's not a day that goes by that I don't miss him," he said.

Co-defendant Robert "Fat Daddy" Taylor likely will get a new hearing, too. He was only 16 he helped Maslamani abduct and kill Landry.

The pair was also accused of robbing a bank.

- Take a look back at this case -

RELATED: Judge Opens Door For Michigan Juvenile Lifers

(TM and © Copyright 2013 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2013 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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