An Alabama Supreme Court decision stands by a judge's ruling for a new trial in a Pike County rape case.
Andre Ellis was convicted of raping two women in Hunter's Mountain Mobile Home Park in Troy; he was also found guilty of burglary.
A judge overturned the conviction claiming the prosecution didn't turn over some evidence that granted Ellis a new trial.
After appeals, the state Supreme Court dismissed the DA's petition based on timeliness issues – claiming the District Attorney's office did not appeal the ruling within seven-days.
District Attorney Tom Anderson tells Alabama News Network he’s disappointed and will ask the state Supreme Court for a rehearing.
In the meantime, the D-A says he will prepare Ellis' case for prosecution again.