NASHVILLE, Tenn. (AP) -- An attorney for a Tennessee death row inmate says he will ask a federal judge not to give prosecutors more time to retry Paul House, who's been imprisoned over 22 years and could be released later this month.
House's attorney Stephen Kissinger said Wednesday he would file the motion this week with U.S. District Judge Harry S. Mattice Jr.
In December, Mattice ordered the state to retry House or release him based on a U.S. Supreme Court ruling that House's jury didn't hear testimony that could have exonerated him in the 1985 slaying of a Union County woman.
The state appealed Mattice's order but lost on Monday. A hearing has been scheduled for May 28 to set the conditions of House's release.
District attorney general for Union County Paul Phillips said Wednesday he plans to pursue a new trial against House despite the developments in the case.
(Copyright 2008 by The Associated Press. All Rights Reserved.)
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