LEXINGTON - A South Carolina judge this week will consider whether to sentence a man to die for killing his infant daughter more than eight years ago.

The State reported Monday that the South Carolina Supreme Court two years ago overturned the death sentence given 28-year-old Clinton Robert Northcutt of Lexington County.

Circuit Judge James Williams will hear testimony starting Monday on whether Northcutt should again be sentenced to die.

The justices said prosecutor Donnie Myers was "overly zealous" in his closing argument in Northcutt's sentencing in 2003. Northcutt had asked jurors for a death sentence.

A tearful Myers used a baby doll to show how Northcutt broke his 4-month-old daughter Breanna's back over a crib rail at their home in 2001.