A Long Island man who was sentenced to 25-years-to-life in prison for decapitating his stepfather with a samurai sword had his conviction overturned.  On Thursday, a state appellate court ruled that Zachary Gibian, 23, should get a new trial due to several problems with the original 2007 conviction.

In the shocking trial, Gibian alleged his stepfather, Scott Nager, had molested him for years. Gibian was convicted of using a 17^th-century samurai sword to chop off Nager's head while he slept on a couch.

The appellate court ruled that the judge should have allowed Gibian to testify that his mother told him she committed the murder.

The panel also ruled the judge should have investigated allegations of jury misconduct and should not have set a time limit on the defense's closing argument.

Suffolk County District Attorney Thomas Spota said he planned to appeal.

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Westchester County Appellate Attorney

New York State Appeals

If you or a family member have been convicted of a crime, you have the right to file notice and appeal your criminal conviction after plea or trial. New York State Criminal Lawyer Robert Schuster has years of experience in submitting and arguing successful appeals. He has argued many of these appeals before the Appellate Division of the New York State Supreme Court. His successful Appellate work rose to the New York State Court of Appeals, New York State's highest Court, and has been published as part of New York State Case Law.

There are numerous valid grounds for appeal of a criminal conviction. Most of these issues stem from defects in the trial proceedings or ineffective assistance of counsel. There are also motions that can be brought before the trial court introducing new evidence or issues regarding newly discovered facts or tainted evidence.

The consequences of a successful appeal are dramatic. The defendant's conviction could be reversed and vacated, and the case dismissed.