Curtis Antoine Miller, 33, of West Branch will be retried in May for the 2007 death of his 3-month-old daughter, Kimisha LaShay MaryAnn Miller. A judge on Friday scheduled a pretrial conference for 1:30 p.m. May 2 and a trial for May 13.
Miller had been found guilty in May 2009 and sentenced to 50 years in prison Kimisha’s death. The incident happened in Marion.
Miller in November was granted a new trial after a Court of Appeals panel ruled a Linn County judge broke procedural rules for juror substitution.
Witnesses testified that Miller, 28 at the time of the incident, was frustrated with Kimisha’s continuous crying and likely slammed her body against a hard surface, fracturing her skull and causing multiple other injuries and bruising.
Initially, he was charged with child endangerment with serious injury, but when she died three weeks later, the charge was increased to first degree murder and child endangerment causing death. The jury eventually found Miller guilty of involuntary manslaughter, which was merged with the charge of child endangerment resulting in death.
He is currently housed at the Anamosa State Penitentiary, tentatively due to be released in June 2030.