Just about a month since convicted murderer Michael Blagg was granted a retrial the prosecution is deciding on whether to appeal Judge Bottger's decision.
District Attorney Pete Hautzinger says the DA's office has 49 days from the date of Judge Bottger's order to make that decision.
They'll likely use all of that time to make their choice until their decision is due at the end of this month.
Judge Bottger granted Blagg's motion for a retrial after he ruled juror Marilyn Charlesworth lied about her experiences with domestic violence on a juror questionnaire.
Blagg was convicted of killing his wife Jennifer and was found guilty by a jury 10 years ago.