A Windsor man will stand trial for a second degree murder charge for a third time after his conviction was overturned by the Ontario Court of Appeal.

Richard Zoldi launched an appeal following his 2011 conviction for second degree murder of Troy Hutchinson.

Hutchinson, a cook at a local restaurant, was fatally shot during an alleged drug deal in east Windsor in 2006.

A co-accused, Shane Huard, was found guilty of first degree murder in a separate trial.

Zoldi successfully argued there were errors in the judge’s instructions to the jurors before they deliberated.

A mistrial was declared during Zoldi's first trial in 2009 after an allegation of jury tampering. The judge learned police conducted backgrounds checks on the many of the potential jurors.

Only the Crown is allowed to request a record check and the information wasn't shared with the defence.