Cody was sentenced to 20 years in prison for second-degree murder in the killing of Lee Britton, 65. Cody claimed Britton had molested his daughter.
The River Valley Leader says Cody will be in court on a motion for a new trial. He argues that his fair trial was prejudiced. A motion filed by his attorney said:
Deputy Prosecuting Attorney Heather Patton acted unprofessionally during the testimony of Mr. Cody and of his mother. Patton allegedly displayed grins, laughed and rolled her eyes as if to indicate the defense witnesses testimony was not credible.
He also argues that the jury should have been given instructions on the lesser charge of manslaughter.