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PHOENIX -- A judge has dismissed a murder and child abuse case and ordered the release of an Arizona man held in the 2004 death of his 5-year-old son.

Maricopa County Superior Court Judge Sally Duncan issued her ruling Tuesday in the case against Jeffrey Martinson. She found misconduct by prosecutors at his original trial and says Martinson cannot be retried.

Martinson has been incarcerated for about nine years. The judge ordered him to be released on Nov. 26, but prosecutors hope to keep him jailed pending appeal.

Martinson was convicted in 2011. A judge declared a mistrial in his sentencing phase when jurors were unable to reach a decision on the death penalty or life in prison. The conviction was later overturned and a new trial ordered due to juror misconduct.

Associated Press,

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