A judge ruled some evidence presented in Dale Larkin's first trial will not be admissible when he is tried again in the death of his wife.
Larkin's conviction was overturned by an appeals court in the drowning death of his wife Terri in a bathtub inside their Johnson City home.
The court ruled statements made by the trial judge as well as testimony from a pathologist used by the prosecution was behind the reversal.
On Monday, Judge Jon Kerry Blackwood ruled anything related to that pathologist cannot be used in a new trial.
District Attorney Tony Clark says if another expert pathologist cannot be found there may not be enough physical evidence to retry Larkin.
Clark says he plans to try Larkin on a second degree murder charge. A pre-trial hearing is set for March 24.