A unanimous three-judge panel of the N.C. Court of Appeals affirmed a Durham trial judge’s ruling that Michael Peterson should get a new trial on charges that he murdered his wife 10 years ago.

The appellate judges agreed with the earlier court ruling that the courts should consider as “new evidence” the discovery after Peterson’s initial trial that key prosecution witness Duane Deaver, an SBI agent, had “misrepresented his qualifications” as an expert in the case.