AKRON -- Doug Prade will remain out of prison until the Ohio Supreme Court decides whether or not to hear his case.
That ruling came down Wednesday morning from the Ohio Supreme Court (read it in full below).
Last month, the 9th District Court of Appeals reversed Judge Judith Hunter's previous ruling that freed Prade from prison in January 2013 based on new DNA evidence. The appeals court declared that Judge Hunter abused her discretion in declaring Prade innocent and called the latest DNA results "wholly questionable."
Prade, a former Akron Police Captain, served 15 years in prison for the 1997 murder of his ex-wife, Margo.
His conviction was largely based on a bite mark found on her body. One forensic dentist at trial testified that Doug Prade, 67, was the source of the mark.
Judge Hunter has since retired from the bench.
Prade was released after nearly 15 years in prison and can remain free as the state's highest court considers taking his case.
The Ohio Supreme Court's ruling Wednesday will allow former him to stay out of jail until at least the summer. That's when the court should decide whether to consider Prade's appeal of a lower court's ruling.
The March ruling by Ohio's 9th District Court of Appeals found a judge was wrong to free Prade based on bite-mark DNA testing.
If the Supreme Court takes the case, Prade would remain free as the justices weigh whether to overturn the lower ruling. If the court turns down the case, Prade would have to go back to jail.
The Summit County Prosecutor issued the following statement:
"The Supreme Court of Ohio announced this morning that it will allow Doug Prade to remain free while the court considers whether to accept Prade's appeal and, if it does accept the appeal, during the appeal period," said Summit County Prosecutor Sherri Bevan Walsh. "We appreciate that the Supreme Court is carefully considering the questions put before it. We maintain that the information presented by the defense that supposedly proves Prade's innocence is, as stated by the Ninth District Court of Appeals' judgment released last month, 'Wholly questionable' and 'meaningless.' We will continue to seek justice for Dr. Margo Prade and her family."
Earlier this year, Prade filed a lawsuit, claiming he was framed.
Here's Wednesday's full ruling from the Ohio Supreme Court:
Upon consideration of appellant's amended motion for immediate stay of execution of the judgment mandate, it is ordered by the court that the motion is granted until the court's determination of the jurisdictional question. O'Donnell, Lanzinger, and French, JJ., dissent. O'Connor, C.J., not participating.