FORT WAYNE, Ind. -- The case of an Ohio man sentenced to 60 years for killing a man he found sleeping in a motel room where he and other traveling magazine vendors were staying is headed to the Indiana Court of Appeals after the U.S. Supreme Court declined to hear it.

The Journal Gazette reports ( ) the Supreme Court decided Monday against hearing the state's appeal of a 7th U.S. Circuit Court of Appeals ruling.

The court ruled last year the public defender who handled Troy Shaw's appeal should have challenged the murder charge because prosecutors missed by several months a legal deadline for upgrading the original charge of aggravated battery.

Shaw. of Findlay,was 20 when he was sentenced in the death of 33-year-old Brett King. He is being held at the Indiana State Prison.