Bulletin: Leo Ackley; Michigan; Michigan Supreme Court grants him a new trial on murder conviction in 2011 death of a child on basis that he did not receive adequate representation because his defence lawyer did not call any experts to explain the child's injuries; "In this case involving the unexplained and unwitnessed death of a child, expert testimony was critical to explain whether the cause of death was intentional or accidental," Justice Bridget Mary McCormack wrote in the 16-page opinion. She wrote that the seven justices agreed that "defense counsel's failure to attempt to engage a single expert witness to rebut the prosecutor's expert testimony, or to attempt to consult an expert with scientific training to support the defendant's theory of the case, fell below an objective standard of reasonableness and created a reasonable probability that this error affected the outcome of the defendant's trial." Battlecreek Inquirer;

"The Michigan Supreme Court unanimously granted a new trial to a Battle Creek man convicted of murder in the 2011 death of a child. The high court said in an opinion released Monday that Leo Ackley, 28, is entitled to a new trial on charges of child abuse and felony murder in the 2011 death of 3-year-old Baylee Stenman. Ackley ws sentenced to life in prison without parole and is housed at the Oaks Correctional Facility in Manistee. "It's a great day to be alive," said defense attorney Andrew Rodenhouse of Grand Rapids. "It's a great day to get a new trial." Prosecutors alleged the child died from a blow to the head while Ackley's girlfriend, Erica Stenman, was working and he was caring for the child. The toddler was injured July 28, 2011, and died Aug. 1. Ackley has denied he harmed the child and said she was taking a nap and he found her on the floor next to the bed. The defense argued she died from injuries from the fall. But the issue before the Michigan Supreme Court was whether Ackley was inadequately represented by his trial attorney, Ken Marks......... The defense said Marks was ineffective because while the prosecution called five experts to explain injuries to the child, the defense didn't call any, even though the circuit court had provided money to the defense to hire an expert and Marks had the name of a forensic pathologist who might testify. Marks said at hearings after the trial that he did consult with Dr. Brian Hunter, forensic pathologist and used information from several meetings to attack the testimony of the prosecutor's experts. Marks said Monday he is being sued in a civil case and can't comment on the Supreme Court decision. "In this case involving the unexplained and unwitnessed death of a child, expert testimony was critical to explain whether the cause of death was intentional or accidental," Justice Bridget Mary McCormack wrote in the 16-page opinion. She wrote that the seven justices agreed that "defense counsel's failure to attempt to engage a single expert witness to rebut the prosecutor's expert testimony, or to attempt to consult an expert with scientific training to support the defendant's theory of the case, fell below an objective standard of reasonableness and created a reasonable probability that this error affected the outcome of the defendant's trial.""
http://www.battlecreekenquirer.com/story/news/crime/2015/06/29/leo-ackley-gets-new-trial-childs-death/29483497/