The Alberta Court of Appeal has ordered a new trial for a Calgary man who was convicted of killing an Olds College student outside the Texas Mickey bar in October 2010.
The Alberta Court of Appeal has ordered a new trial for a Calgary man who was convicted of killing an Olds College student outside the Texas Mickey bar in October 2010.
Jeffrey Leinen was convicted in December 2011 of second-degree murder in the death of Nicholas Baier, 18, who was run down by a pickup truck outside the bar on Oct. 29, 2010.
Dan Skocdopole, another Olds College student, was also struck and injured during the incident and Leinen was found guilty of aggravated assault against him.
He was sentenced to life in prison with eligibility for parole in 14 years and is serving his sentence in Edmonton.
Leinen, who was in his early 20s at the time of the incident, launched an appeal of his conviction on the grounds that, during the trial, Justice Marsha Erb "misdirected the jury, and erred in admitting bad character evidence and allowing an expert to provide rebuttal evidence," according to the appeal court judgment.
Leinen was drinking at the bar when he got into a fight, the appeal court judgment states.
Three bouncers at the bar escorted him outside when he engaged in another "scuffle" before getting into his truck.
"Someone hit the back of the truck from outside and uttered obscenities or threats," the judgment states. "The appellant accelerated the truck toward a crowd that had gathered outside the bar. He hit two people, killing one and injuring the other."
In his defence, Leinen had argued "that his acceleration was an involuntary panic response," the judgment states.
In a decision released on Aug. 12, two of three judges serving on the Alberta Court of Appeal in Calgary granted Leinen's appeal "because the trial judge erred in failing to instruct properly on the legal significance of the panic attack defence," court documents state.
Leinen's lawyer, Jennifer Ruttan, said a new trial date has not yet been scheduled.
A representative of Baier's family was not available for comment.
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