YORK, Neb. (AP) — The Nebraska Court of Appeals has ordered a new trial for a 33-year-old man convicted of killing his infant daughter.

The court ruled Tuesday that 33-year-old Ryan Kozisek should have a new jury trial after he appealed his December 2013 sentence of 35 to 50 years in prison. A York County jury found Kozisek guilty of child abuse resulting in the death of his 4-month-old daughter, Kayley Kozisek.

The appeals court concluded that Kozisek should get a retrial because an admission of opinion made by his ex-wife regarding his involvement in the baby’s death “was prejudicial error.” A new trial has not yet been scheduled.

Kayley died at an Omaha hospital on Jan. 25, 2011, a day after Kozisek called 911 and said she wasn’t breathing.