MACON, Miss. (WTVA) -- The Mississippi Court of Appeals has denied a prosecution request to rehear its decision to throw out the verdict for a man convicted by a Noxubee County jury of statutory rape.
R. C. Hibbler, 72, was sentenced to 20 years in prison in 2008 following a trial.
Hibbler was accused by a child under the age of 14 of having sex with her in a bedroom at his home.
In his appeal, Hibbler argues his attorney didn't do enough to properly investigate the case before it came to trial.
In the ruling released Tuesday, the court says his attorney didn't use evidence he claimed to have to challenge an expert witness who testified at trial.
In October of 2012, the Mississippi Court of Appeals ordered the case back to Noxubee County Circuit Court for a new trial.