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Appeals court denies tossing of murder conviction on technicality

STEVENS POINT, WI (WTAQ) - A state appeals court said no Thursday to throwing out a Plover man's murder conviction on a technicality. 

Michael Haydon, who's now 47, was convicted of first-degree intentional homicide and robbery for killing truck driver Pat Zemke in 2003, in a rig parked just off a freeway exit north of Stevens Point. 

Haydon appealed the case. He said prosecutors should not have allowed his jury to hear testimony that his ex-girlfriend gave in another case.

The woman said Haydon sexually assaulted her in the hours before he killed Lemke. 

The Fourth District Appellate Court ruled Thursday that the woman's testimony was relevant to his case, and therefore it was allowed properly. 

Prosecutors said Haydon thought Zemke was actually somebody else -- another trucker that Haydon assumed was having an affair with his ex-girlfriend.