The court, in a 6-3 decision, ruled that Justin Ross Harris’ affair evidence should not have been admitted and may have unfairly influenced the jury in its 2016 decision.
Georgia Supreme Court Chief Justice David E. Nahmias overturned the first-degree murder and child cruelty convictions in the case that had attracted international attention. Harris, 41, was sentenced to life without parole plus 32 years.
It’s now up to Cobb County’s attorney, Flynn Broady, Jr., to decide whether to pursue a new trial. A spokesperson for the prosecutor was not immediately available for comment.
Harris remains in jail following a 12-year sentence for exchanging obscene text messages and photos with an underage girl.
Harris told police he forgot to drop off his son Cooper at daycare and drove to work at the Home Depot offices not remembering that Cooper was still in his car seat in June 2014.
Defense attorneys described him as a caring father and said the death was an accident.
Prosecutors argued that Harris was unhappy in the household and killed his son to free himself.