The Arizona Supreme Court decided Tuesday not to depublish the Court of Appeals opinion on Debra Milke. This means the case can be cited in future trials.
Maricopa County Attorney Bill Montgomery had asked the court to depublish the ruling because he was concerned about "a new and expansive application of double jeopardy and Brady violation situations."
RELATED: Debra Milke On Dismissed Murder Case: 'Victory Is Bittersweet'
Debra Milke spent more than 20 years on death row for the 1989 murder of her 4-year-old son.
Last year, the Court of Appeals ordered a lower court dismiss her case because the state knew about alleged misconduct by a former Phoenix police detective and did not disclose it to Milke or her lawyers.
