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Last updated on Friday, July 26, 2013
(INDIANAPOLIS) - A federal court has ordered Indiana prosecutors to allow a man convicted of taking part in a beating death to appeal his sentence a second time or release him from prison.
The 7th Circuit Court of Appeals in Chicago on Wednesday gave prosecutors 120 days to decide about Troy Shaw, who's serving a 60-year sentence for a 2000 attack that happened in Fort Wayne.
The federal court said that Shaw's lawyer should have challenged the murder charge against him because prosecutors missed a legal deadline for upgrading the original charge of aggravated battery to murder.
The other two attackers testified against Shaw in exchange for getting effective sentences of 2 ½ years.
Shaw maintained he didn't participate in the beating.
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