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Court upholds term in baby shaking

CARSON CITY -- The life imprisonment sentence given a man who shook his infant son to death has been upheld by the Supreme Court.

Justices ruled that any errors committed by a judge at John Moxley's trial were harmless since other evidence proved his guilt.

Moxley, who has spent most of his adult life behind bars, was convicted in the 1997 death of his infant son, Jonathan.

The first-degree murder conviction at his initial trial was reversed by the Supreme Court and a new trial was granted.

Four medical authorities testified during Moxley's second trial in 2006 that the baby's "respiratory distress resulted from being violently shaken -- a form of child abuse -- which led to his death, and could not have been accidental."

He claimed at this second trial that Jonathan had developed breathing problems of unknown origin. Moxley testified he had hit and shaken the baby only to try to revive him.

Three paramedics and four police officers called to the scene said Moxley gave "inconsistent and implausible stories" about the baby's breathing problems.

Moxley was sentenced to 20 years to life. He also received added time for being a habitual criminal. He will not be paroled for at least 22 years.

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