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PLATTE CITY, Mo. (AP) - A northwest Missouri man whose murder conviction was tossed out by the state Supreme Court in January is returning to court for the first time since a Platte County judge ordered his release pending a third trial.

Mark Woodworth was serving a life sentence for the 1990 fatal shooting of Cathy Robertson. He was 16 when the wife of his father's business partner was killed near Chillicothe.

Robertson's husband, Lyndel Robertson, survived the attack in their rural northwest Missouri home.

Woodworth was first convicted in 1995. He was then briefly released on appeal but convicted by a second jury four years later.

Woodworth was due Monday in Platte County Circuit Court. His attorney wants the judge to remove state prosecutors from the case and to throw out key ballistics evidence.