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Supreme Court of Canada returns murder case to Nova Scotia Court of Appeal

The flag of the Supreme Court of Canada flies on the east flagpole in Ottawa on Monday, Nov. 28, 2022. THE CANADIAN PRESS/Sean Kilpatrick. skp

The Supreme Court of Canada has sent a murder case back to the Nova Scotia Court of Appeal in light of potential new evidence.

A decade ago, a jury found Nathan Johnson guilty of first-degree murder and illegal possession of a firearm in the 2010 shooting death of pizza delivery worker Chad Smith.

Johnson was sentenced to life in prison with no parole eligibility for 25 years, and in 2017 the Nova Scotia Court of Appeal dismissed his appeal of the convictions.

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In 2022, the Supreme Court dismissed Johnson’s application for his case to be returned to the Court of Appeal for further proceedings.

Johnson applied this year to the top court for reconsideration, pointing to the October 2023 acquittal of his one-time co-accused Randy Riley at a retrial.

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Johnson argued that Riley’s retrial brought into serious question the credibility of two Crown witnesses against Johnson at his trial.

Click to play video: 'Murder trial continues in Halifax'
Murder trial continues in Halifax

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