JOHNSON CITY, Tenn. (AP) -- A Washington County judge has withdrawn from a murder case, which was overturned by an appellate court.
According to the Johnson City Press, Criminal Court Judge Robert Cupp filed an order Monday recusing himself from the retrial of Dale Larkin.
The defendant is charged with drowning his wife, Teri Larkin, in a bathtub of the Johnson City home in 2003.
Dale Larkin wasn't charged with first-degree murder until 2009 because his wife's death was initially ruled an accident.
The appeals court overturned Dale Larkin's 2011 conviction, citing lack of evidence and judicial errors.
Senior Judge Jon Kerry Blackwood has agreed to preside over the retrial.