The Delaware Supreme Court has decided to hear an appeal against a former death row inmate by prosecutors.
They say a judge made a mistake in not allowing a videotaped confession by Jermaine Wright in the 1991 murder of liquor store clerk.
That confession had been the key piece of evidence that led to his death sentence but was suppressed by a judge earlier this year.
That decision allowed Wright to go free.
The Wilmington News Journal reports that at issue is whether he was read his Miranda rights and that he was on heroin.