Topeka ? The Kansas Supreme Court on Friday reversed the murder conviction of Lafayette Cosby, who was sentenced to life in prison for the 2004 slaying of Robert Martin at a Lawrence apartment complex.

The case has been sent back to Douglas County for a new trial. “We will closely review the Supreme Court’s decision and try to determine the location of witnesses necessary for a retrial,” Douglas County District Attorney Charles Branson said in a prepared statement. “Then we will be in a position to decide how to proceed with this case.”

The district attorney’s office did not return a phone call seeking further comment.

In its ruling, the court said Cosby’s trial included errors by the prosecution and Douglas County District Judge Jack Murphy. These violations, Justice Carol Beier argued, “created a serious problem.”

Chief Justice Kay McFarland was the lone dissenter. While she agreed improprieties occurred during the trial, McFarland argued that Cosby received a fair trial and that there was no doubt he was guilty.

“To say the evidence of guilt in this case was overwhelming is an understatement; it was more like a massive tsunami,” she said.

Cosby was convicted of shooting Martin several times during a party April 4, 2004, at Jefferson Commons apartments, 2511 W. 31st St.

Cosby said he thought Martin was concealing a gun and was about to shoot Cosby’s friend Alrick Johnson. But Martin was unarmed and others at the party said there was no indication that Martin had been a threat to anyone that evening.

After the shooting, one of Martin’s friends questioned whether the troubled history between the two had anything to do with the killing. In 1997, Cosby stabbed and killed one of Martin’s friends, David E. Walker II, but jurors found Cosby had acted in self-defense.

After his sentencing, Cosby filed an appeal that among other things alleged Judge Murphy erred by allowing the prosecution to inform the jury that Cosby had invoked his right against self incrimination and to remain silent. Invoking that right, Beier argued, cannot be used by prosecutors to make the defendant look bad.

Cosby also argued that he didn’t receive a fair trial because the prosecutor was allowed to suggest to the jury in closing arguments that premeditated murder can occur instantaneously. But that was a misstatement of the law and prosecutors have been warned not to imply that premeditation can be instantaneous, Beier said.

On both of these counts, the Supreme Court agreed with Cosby.

According to news reports of the trial, Assistant District Attorney Dave Zabel was the prosecutor.

But Justice McFarland said even with the errors the conviction should stand because the evidence showed the shooting was unprovoked and unjustified.

“This is not what could be called a close case,” she said.

Cosby, now 28, is an inmate at the Lansing Correctional Facility.