(KAIR)--A convicted first degree murderer, who remains behind bars, will seek to be released on bail.
In May, Atchison County District Court Judge Robert Bednar, in a 49 page ruling, overturned the 2001 conviction of Atchison resident Kirk Wilson.
Bednar's ruling states that Wilson was denied the right to a fair trial in violation of his constitutional rights.
Legal wrangling in the case has led to an agreement between Wilson's defense, and the Kansas Attorney General's Office, which is appealing the court's decision.
That agreement, putting the state's case temporaily on hold, cleared the way for the defense to file a motion for Wilson's release on bond within the jursidiction of the Atchison County District Court.
Prosecutors are expected to oppose the move.
The motion is planned to be filed sometime Friday.
Wilson was convicted in 2001 and sentenced to life in prison without parole for 25 years for the March 2000 murder of Kurt Boldridge.
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