A dying man's blinks convicted the man who attacked him before he died. However, the dying man's blinks conviction may be overturned in court as the defendant has appealed the special dying man's blink prosecution.

The man convicted of murder, after the dying man's blinks convicted him, will be appealing. His defense attorney informed media outlets of his appeal yesterday after the decision was reached.

The dying man's blinks convicted Ricardo Woods of murder and felonious assault, the Associated Press reports, after the death of David Chandler who was shot in October of 2010.

After the 35-year-old David Chandler was shot in the head and neck, police interviewed him and the dying man was able to communicate by blinking his eyes. Chandler died two weeks after suffering the gun shot wounds, but the dying man's blinks may have nabbed his murderer.

During the trial, which has been appealed by Woods' defense attorney, jurors were shown video of the dying man's blinks as he pointed out his murderer to police. The dying man's blinks code was three blinks for "yes," and after police showed Chandler a picture of Woods, the dying man blinked three times, that yes he was the one who shot him.

Defense attorney, Kory Jackson, tried to block the video of the dying man's blinks because they were said to be unreliable and inconsistent.

Jackson said yesterday that the dying man's blinks on video were play a part in Wood's appeal case:

"We have said since the beginning that the video should not have been allowed into evidence."

The theory against the dying man's blinks is that the condition of the dying man and the drugs he was on made the dying man's blinks dubious at best, at least in the eyes of the law.

Judge Beth Myers ruled that the jury could see video of the dying man's blinks, noted that Chandler's identification was made with "pronounced, exaggerated movement of the eyes," the AP reports.

A doctor who treated Chandler later testified that the dying man's blinks were clear communication.

Jocelyn Chess, an assistant county prosecutor, said jurors made the right decision after witnessing the dying man's blinks video.

Said Chess, "They looked at all the evidence, and the evidence showed that Ricardo Woods was guilty."

But the defense insisted Woods was mis-identified by the dying man's blinks even after the dying man's blinks corroborated the jailhouse testimony, which claimed that Woods had bragged about the murder.