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.