Dayton, Ohio (AP) -- A lawyer tells an Ohio appeals court that a judge made an error in not granting a third trial to a woman convicted of killing her baby in a microwave oven.
In a brief filed Wednesday with the Ohio 2nd District Court of Appeals, attorney Jon Paul Rion also alleges that the judge in Dayton made mistakes at trial and that prosecutors committed several acts of misconduct.
Rion's client, China Arnold, was found guilty of aggravated murder last year for the 2005 microwave burning death of Paris Talley.
The conviction came during a second trial; the first ended in a mistrial.
Montgomery County common pleas judge Mary Wiseman ruled in December that there was no basis for a third trial.
Prosecutors are expected to file a response to Rion's new brief.
(Copyright 2009 by the Associated Press. All rights reserved.)
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