The man, who had his murder conviction overturned during December of 2016, could have his future outside of prison in limbo again.
The State Prosecuting Attorney told KVUE Wednesday that they were requesting more time from the criminal court of appeals to review the case record of Rex Nisbett.
In December, the 3rd Court of Appeals reversed the conviction that sentenced Nisbett to 42 years in prison in 2014 for the murder of his wife Vicki Lynn Nisbett. The court affirmed that prosecutors did not provide enough evidence to prove Rex Nisbett killed his wife, whose body was never found.
After reviewing the court's decision, the office of the state prosecuting attorney alleges the court made their acquittal decision based on an incorrect application of the law.
They sent KVUE the following statement:
It is the State Prosecuting Attorney’s duty to ensure that the court of appeals faithfully followed the applicable, well-established law on evidentiary sufficiency. We will be requesting an extension of time, during which we will diligently conduct a thorough review of the record and make a final decision about filing a petition for discretionary review in the Court of Criminal Appeals.