Hearing Set On Retrial Of Maddie Clifton Murder

UPDATED: 7:15 pm EST November 10, 2005

JACKSONVILLE, Fla. -- Lawyers met Wednesday to discuss a hearing scheduled by the Florida Supreme Court for whether a man convicted of killing his 8-year-old neighbor in 1998 should get a new trial.

Josh Phillips prison photo
Joshua Phillips
At a status conference about the motion for a retrial of Josh Phillips in the murder of Maddie Clifton, the state attorney's office confirmed that a hearing would be held Dec. 21 at the Duval County Courthouse.

Lawyers for Phillips, now 21, do not dispute he killed Maddie Clifton, but contend that a second-degree conviction would have been more appropriate.

Maddie CliftonPhillips, who was 14 at the time, told police he accidentally hit Clifton in the eye with a baseball as they played in his back yard. He said he panicked at her screams and was scared his father would punish him and hid her under his waterbed.

Phillips was convicted of first-degree murder and was sentenced to life without parole. The state attorney's office filed its response, saying the conviction should stand given the evidence presented at trial.