He may be getting a new trial, but the suspect in the killing of a Grand Forks man will stay in jail until that time.
Delvin Shaw is being held without bond.
He is accused of the murder of 24-year-old Jose Lopez.
A jury in 2015 convicted Shaw of the crime but the state Supreme Court overturned the verdict in August saying some testimony should not have been allowed during the trial.
Shaw is acting as his own attorney.