WEST PALM BEACH, Fla., Dec. 11 (UPI) -- The state of Florida must now decide among a number of choices in the case of Lionel Tate, convicted of killing a 6-year-old girl when he was 12.
Florida's 4th Court of Appeal has ordered a new trial for Tate, now 16, on grounds he was not afforded a competency hearing before his trial in January 2001.
The prosecution can now ask the appeals court to review the ruling, appeal to the U.S. Supreme Court, prepare for another trial or work on a plea bargain.
Tate was convicted of first-degree murder in the death of Tiffany Eunick in 1999. The defense said he was imitating the professional wrestling he saw on television, but Tate's attorneys were not allowed to use that defense.
The prosecution said he beat the little girl for five minutes, inflicting injuries to the head, ribs and liver.
