Prade's defense attorneys say the Ninth District Court of Appeals requires Croce to order a new trial, while prosecutors say the court left it up to Croce to decide.

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AKRON -- Summit County Common Pleas Judge Christine Croce set a hearing for 9 a.m. Monday to hear arguments whether former Akron Police Capt. Douglas Prade should get e new trial.

Prade, 67, was convicted of killing his ex-wife Dr. Margo Prade outside her medical office back in 1998.

He has already spent almost 15 years in prison in her death and he was not eligible for parole until after 26 years.

The Ninth District Court of Appeals released an opinion March 19 overturning Judge Judy Hunter's ruling that Prade was wrongfully convicted. That ruling freed him from 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."

The appellate court has not yet decided whether Judge Hunter's order for a new trial is valid.

RELATED : Appeals Court says Prade new trial order not a final order

The Summit County Prosecutor's Office has asked the court for permission to appeal the order for a new trial, if that order is valid. If the court finds that the order for a new trial is not valid, then Judge Christine Croce will decide whether to order a new trial.

Prade's defense attorneys say the Ninth District Court of Appeals requires Croce to order a new trial, while prosecutors say the court left it up to Croce to decide.

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