A Virginia man convicted of killing a boy in his care has asked for a new trial, saying his lawyer kept him from testifying.

William Shanklin, 32, was sentenced to life in prison for the murder of Davion Franklin of Hampton in 2005. Shanklin was then the boyfriend of Davion's aunt, and prosecutors said he gave the 4-year-old a fatal shaking because he was angry the boy had dirtied himself.

Shanklin's appeal lawyer, David Hargett, said the trial lawyer, William Fasonaro, barred him from the witness stand after telling jurors in his opening statement that his client would be testifying. The state Supreme Court returned the case to the trial court for a hearing, held Tuesday, the Newport News Daily Press reported.

Fasonaro testified during the hearing that Shanklin made the final decision whether to testify. He said he was reluctant to call him as a witness in his own defense because he had changed his story on what happened.

Hampton Circuit Judge Louis Lerner must submit his findings within 60 days to the Supreme Court, which will then decide on a new trial.