OCILLA, GA (WALB) - A delay in the Ryan Duke trial for the Tara Grinstead case has been granted by the Georgia Supreme Court.
Duke is one of the men charged in connection to the death and disappearance of the Irwin County teacher and beauty queen.
With Thursday’s order, the court has granted to a stay of the proceedings in the trial court to consider whether it has jurisdiction to review the substantive appeal being requested, according to the Supreme Court.
Briefs and oral arguments on the appeal are scheduled for Tuesday, May 7, 2019.
The order states the defense and the state have to argue whether the defense has grounds to appeal to the Georgia Supreme Court.
Duke’s defense team filed two appeals to the Georgia Supreme Court asking for the state of Georgia to rule on if they can receive funds to hire an investigator to dissect DNA evidence and expert witnesses testimonies.
Irwin County Judge Bill Reinhardt had already denied that motion previously, which is why the defense took it to the Supreme Court and asked for the trial to be delayed until things are sorted. Reinhardt said this case is now out of his hands. Prosecutors said they don’t agree with the appeal filed by Duke’s attorneys.
District Attorney Paul Bowden told WALB Thursday that the trial could happen late summer or early fall.
Bowden said he can’t rule on any other motions or pre-trial hearings.
The trial was originally scheduled for April 1.
Duke was set to stand trial Monday for charges of burglary, aggravated assault, murder and concealing a death in connection to Grinstead’s death and disappearance in 2005.
You can view a copy of the order below: