LANSING, Mich. — A man convicted in the killing of a 3-year-old girl is now set to have his case go before the Michigan Supreme Court.
In 2012, Leo Ackley was convicted of first-degree murder and first-degree child abuse for the death of 3-year-old Baylee Stenman. It was determined Stenman died from a brain injury while under Ackley’s care.
Ackley’s case is now officially on the State’s Supreme Court Docket, set to be heard at some point in 2015, this according to the Court’s online records.
Ackley maintained the 3-year-old fell out of bed while sleeping, causing the injuries that led to her death, appealing his original conviction, claiming he was entitled to a new trial because his attorney failed to challenge the non-accidental theory of death presented by the prosecution’s experts with a defense expert.
A Calhoun County judge would later rule in Ackley’s favor, granting him a new trial, which prosecutor’s then appealed. This lead to a review by the Michigan Court of Appeals, that decided a new trial wouldn’t be granted because Ackley’s council in part “…did not fall below an objective standard of reasonableness, because his decision not to consult a second expert constituted trial strategy.”
Ackley’s fate may now change based on the decisions of the Michigan Supreme Court.
