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PEORIA  – A man convicted of killing a 63-year-old man four years ago due to a botched robbery will get a new trial, a trio of appellate court judges ordered recently. The panel, from the 3rd District Appellate Court in Ottawa, said Michael R. Howard should get a new trial as his attorney at the time failed to separate an allegation of being a felon in possession of a weapon from the murder trial. That, they contended, substantiated Howard s complaint that his attorney Hugh Toner was ineffective. When reached by the Journal Star, Toner declined to comment. A defense attorney could opt to bifurcate a case by separating it into two different trials. Such a move isn t uncommon in Peoria County, but it could be seen as as a risk as it could give prosecutors two bites at the apple to convict a person. But it could also limit what a jury hears about a person s past. And in this case, the panel felt that should have happened. 

Eugene daugherityDaniel schmidtWilliam holdridgeSamanthap gordonMichaelr howardHugh tonerDistrict appellate courtJournal starPeoria countyJudges eugene daugherityGarrison collinsStanley streetடேனியல் ஶ்மிட்வில்லியம் ஹோல்ட்ரிட்ஜ்ஹக் டோனர்மாவட்டம் மேல்முறையீடு நீதிமன்றம்