APPLETON, WI (WTAQ) - An appeal will be filed by the state after a man convicted in a Grand Chute murder was granted a new trial.
Michale Potts was convicted of shooting and killing Artheddius Peeler in 2008. Potts was sentenced to life in prison, and became eligible for parole after 50 years.
A second man, Keith Birr, was acquitted in the same shooting.
Outagamie County Judge Mark McGinnis ordered a new trial for Potts back in February, ruling his trial counsel was ineffective.
Potts is currently scheduled to stand trial again May 16. However, the state's appeal means that date will be delayed.