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Battle Creek – The Michigan appeals court has thrown out the conviction of a man who was accused of causing fatal injuries by shaking his 5-month-old son.

The court says Shawn Brown’s trial lawyer was ineffective for failing to present an expert to question the Calhoun County prosecutor’s view of the case. Brown’s appeal was handled by the Innocence Clinic at University of Michigan law school, which has challenged so-called shaken baby convictions.

Shawn Brown Jr. died in 2010. The appeals court says there’s a “reasonable probability” that the verdict would have been different if jurors had heard from a defense expert. Brown was convicted of manslaughter and child abuse.

He was released from prison in May after nearly nine years. An email seeking comment was sent to the prosecutor Monday.

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