KALAMAZOO (WKZO AM/FM) – A man, convicted 12 years ago of strangling a Kalamazoo woman, has earned a new trial.
Ervine Davenport argued that his rights were violated when jurors at the original trial saw him shackled at the defense table.
A federal appeals court set aside the verdict and ordered that Davenport receive a new trial.
The state attorney general’s office asked the 6th US District Court of Appeals to re-hear the case, but they refused.
Davenport said he had strangled Annette Jones in self-defense in 2007, after both had been using drugs and alcohol.
A new trial date has not been set.
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