BATTLE CREEK (AP) - A Battle Creek woman convicted of her daughter's death nearly 20 years ago has presented enough new evidence to get a second trial, the Michigan Court of Appeals said.
The court on Thursday affirmed a decision by a judge who said Tonia Miller's second-degree murder conviction should be set aside.
Defense experts believe Miller's 11-week-old daughter died in 2001 from pneumonia, not head trauma referred to as shaken baby syndrome. Miller, 37, has been in prison since 2003 and is eligible for parole in 2023.
The Calhoun County prosecutor's office has argued that the experts' testimony is merely a different opinion, not a "sea change" in understanding head trauma.
Miller said she shook Alicia Duff when the baby gasped for air and stopped breathing while being fed from a bottle. She denied shaking her violently or with an intent to hurt the child.
"The trial court did not abuse its discretion by determining that newly discovered evidence merits a new trial in this case," the appeals court said.
Miller is represented by the Innocence Clinic at the University of Michigan law school.
- Posted April 12, 2021
- Tweet This | Share on Facebook
Appeals court OKs new trial for mom in baby's 2001 death
headlines Macomb
- New leadership team takes helm at State Bar
- Four weeks before Election Day, mail ballot returns are up 30% over same point in 2022
- Belleville woman arraigned in connection with alleged arson, felonious assault
- Warren man pleads No Contest to Felonious Assault and dog stabbing
- Woman sentenced for mortgage fraud, filing a false $374,000 tax refund return
headlines National
- Melissa Hart, the chair of the ABA Legal Ed council, dies
- Judge suspended after indictment over alleged perjury
- Bill Withers’ music publisher files copyright suit over Olivia Dean’s ‘I’ve Seen It’
- Judge reinstates US attorney in Washington fired by Trump
- Interim law dean of University of Florida named to permanent role
- Clio acquires Learned Hand, an AI company for courts, judges




