Marco Trotta says his second trial should never have gone ahead.
Trotta was initially convicted of murdering baby Paolo in 1998 based on evidence by disgraced pathologist, Dr. Charles Smith.
Because of Smith's shoddy work, the Supreme Court later ordered a new trial and Trotta was convicted of manslaughter in 2007.
Trotta says the second hearing should have been stayed in light of Smith's perjury at the first trial.
The Crown argues there was enough other evidence that Trotta had horribly abused baby Paolo — evidence that went uncontradicted at the second trial.