PORTLAND, Ore. (KOIN) — Convicted killer Frank Gable is out of prison as he awaits a possible new trial following a federal judge’s ruling in connection with the slaying of Oregon’s prison system director 30 years ago.

Oregon prosecutors recently filed a brief with the 9th U.S. Circuit Court of Appeals challenging U.S. Magistrate Judge John V. Acosta’s April ruling, saying that Gable should remain behind bars due to a lack of “trustworthy eyewitness accounts” of the fatal stabbing of Michael Francke.

Gable was released from a Kansas prison in June after serving nearly 30 years on six counts of aggravated murder and one count of murder for Francke’s death.

Take a look at the Oregon Court of Appeals’ 2006 decision regarding Gable’s conviction appeal below: