- Associated Press - Friday, November 16, 2018

KALAMAZOO, Mich. (AP) - Prosecutors in southwestern Michigan have failed to stop a second trial for a man whose murder conviction was overturned in the death of his 2-year-old son.

In a 4-3 decision, the Michigan Supreme Court turned down an appeal Friday, five weeks after hearing arguments. It means an appeals court decision will stand.

The appeals court said Keith Roberts deserves a second trial in Kalamazoo County. The court said his trial attorney, Eusebio Solis, failed to line up an expert who could challenge the prosecutor’s theory that the boy’s head injury and subsequent death were the result of abuse instead of a tragic accident.

Chief Justice Stephen Markman agreed that Solis was deficient. But in a dissent, he says Roberts shouldn’t get a new trial because there was other strong evidence against him.

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