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HUNTINGTON, W.Va. (AP) — A man convicted of murder in the killing of a fast-food restaurant manager nearly 30 years ago in West Virginia is appealing his case again, after the state supreme court overturned the decision to grant him a new trial.

The Herald-Dispatch reports that 53-year-old Phillip Anthony Ward filed an appeal in federal court on Dec. 15, a day after he was resentenced to life imprisonment for the 1987 beating death of Carol Carter.

Ward first appealed after the serologist who testified at his trial was found to have given false testimony about DNA evidence for more than a decade. A circuit court judge granted him a new trial, but the high court overturned it, saying he hadn’t shown the evidence at his trial was tainted.

In the latest appeal, he cites ineffective counsel and prosecutorial misconduct.


Information from: The Herald-Dispatch,