The Missouri Western District Court of Appeals denied a motion from the Missouri Attorney General's Office that would have halted efforts at securing a new trial for Steven Rios. The decision comes two months after the court decided to grant Rios a new trial originally.

Morley Swingle, special prosecutor in Rios' trial, said the attorney general's office now has 15 days to file a new motion with the Missouri Supreme Court to prevent Rios' case from being heard. Swingle said he thinks the office will file as well.

The Supreme Court must then decide whether testimony of future plans is unacceptable hearsay, and therefore inadmissable in court.

If the court says it isn't, then the district court's decision to grant the trial will stand, and Rios will get a new trial.

Rios was convicted in 2005 for the murder of Jesse Valencia. He was sentenced to life in prison with no parole.