The man accused of killing a baby by throwing the child out of the window of a moving car will face another trial.
Richard McTear's trial on murder charges ended in a mistrial in August.
Judge William Fuente ruled McTear could no longer receive a fair trial because of a remark made by the baby's mother during testimony.
McTear, 25, is charged with first-degree murder, aggravated child abuse and other offenses in the 2009 death of Emanuel Murray, a 3-month-old who was found dead by the side of Interstate 275 near Fowler Avenue.
Lawyers for McTear argued that he could not be forced to stand trial again after the mistrial but Fuente rejected that argument.
Fuente said prosecutors did not intentionally try to elicit the inappropriate testimony from Jasmine Bedwell, which led to the mistrial.
The retrial is scheduled for July 2014.
If convicted, McTear could face the death penalty.