WASHINGTON COUNTY, Tenn. -

A man whose murder conviction was overturned by an appeals court was back in court Wednesday morning to find out if he would face a jury again.

Dale Larkin was convicted 2011 for the death of his wife Terri inside their Johnson City home. The first degree murder conviction came more than eight years after Terri Larkin's death, but was tossed out on appeal. Click here to read more.

Prosecutors are considering re-trying Larkin on second degree murder charges.

The judge will consider if some of the evidence used by a witness, who the appeals court said could not testify, would be allowed in a new trial.

Larkin will go back to court in December. In the meantime, he is free on bond.