In a 5-1 ruling Wednesday, the Ohio Supreme Court ruled in favor of Summit County Prosecutor's decision to uphold a 2014 ruling that put convicted murder, and former Akron Police Captain Douglas Prade back in prison.
Back in 2013, new DNA testing of a lab coat Prade's former wife, Dr. Margo Prade, was wearing at the time of her murder in 1997 was ordered. In a subsequent hearing in Common Pleas Court, Prade was found not guilty of the murder he was convicted of in 1998. At that point, Prade had already served 15 years of his life sentence.
Immediately following the 2013 ruling, Summit County Prosecutor Sherri Bevan Walsh filed an appeal and in 2014 Prade was ordered back to jail after his original conviction was upheld.
On Wednesday, the Ohio Supreme Court said that Walsh was justified in her appeal, and upheld the original conviction once again, leaving Prade in jail to serve his original life sentence.
Click here for more from the Ohio Supreme Court.
UPDATE 9 PM: The jury has recommended life in prison without the possibility of parole for Kenan Ivery, the man convicted of killing Akron police officer Justin Winebrenner. Summit County Judge Alison McCarty is scheduled to sentence Ivery on Nov. 3.
UPDATE 3:30 PM: After closing statements by the prosecution and defense, and jury instructions, the jurors are set to deliberate the penalty recommendation for convicted cop killer Kenan Ivery.
Judge Alison McCarty told the jurors they should deliberate as long as possible Friday night, before resuming deliberations on Saturday morning.
She did not give a timetable, but evening deliberations could last until 9 PM.
The convicted killer of an off-duty Akron police officer spoke briefly in the sentencing phase of his trial on Friday.
WKYC Channel 3 reports that Ivery offered an apology to Justin Winebrenner's family and friends, and offered condolences to them. He says he wanted to do so earlier, but was advised against that by his attorneys.
He said he "knows the pain and hurt" of losing a loved one, after the 2011 death of his brother.
The same jurors who found Ivery guilty of aggravated murder in Winebrenner's death at Papa Don's Pub last November now must recommend his fate - the death penalty or life in prison with or without parole are on the table.
Their deliberations could start as soon as this afternoon.
(Ivery's statement, courtesy WKYC Channel 3) "I would like to apologize to the Winebrenner family and friends. This is something I've been wanting to say since the situation first happened and my lawyers told me it wasn't appropriate at the time. My condolences go out to you guys. My family feels the same way. This is coming from my heart. In 2011, I lost a brother, so I know the pain and the hurt that you're going through right now and I pray that God would touch your hearts to help you get through this tragedy."
The penalty phase of Kenan Ivery's trial got underway Thursday, with jurors considering whether they'll recommend he lives or dies.
Ivery was found guilty of aggravated murder last week by that same jury, in the killing of off-duty Akron police officer Justin Winebrenner at Papa Don's Pub last November.
Ivery's mother, Cynthia, begged for mercy.
"To have mercy on my child," she implored the jury in emotional testimony, "I cannot handle losing another child."
She told the Winebrenner family that she knows the pain of losing a loved one.
Kenan Ivery is expected to take the stand Friday.