MARIETTA, Ga. (AP) — A Georgia man who was convicted of murder after his toddler son died inside a hot SUV will get a new hearing to appeal his case.

Cobb County Superior Court Judge Mary Staley Clark will hear Justin Ross Harris’ appeal in December, nearly four years after he was convicted for murder, news outlets reported.

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Harris was sentenced to life in prison in November 2016 after a jury found him guilty in the death of his 22-month-old son, Cooper Harris. The toddler died after sitting for about seven hours in the back seat of his father’s car outside the office where Harris worked in suburban Atlanta.

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Prosecutors in the case argued Harris wanted the child dead so that he would be free to pursue sexual relationships outside his marriage. Harris’ attorneys and his ex-wife, Leanna Taylor, said during the trial that Cooper’s death was an accident.

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If Judge Clark rules against a new trial in December, Harris is able to appeal to the state’s Supreme Court, the Atlanta Journal-Constitution reported.

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