The US Court of Appeals for the Sixth Circuit ruled that Danny Lee Hill, who was convicted of torturing and murdering 12-year-old Warren Boy Scout Raymond Fife in 1985, will be allowed to file a new claim in the 37- year-old case.

The appellate court, on Aug. 30, filed a motion that Hill's petition that the state trial violated his due-rights process when it failed to conduct a material review submitted with a motion for a new trial and that the conviction and sentence violated his due-process rights as it relied on now discredited bite mark evidence.

The Trumbull County Prosecutor's office, in a media release, said, "This so-called "new" bite mark evidence argument was fully litigated in the Ohio court system and determined to have no merit by all Ohio courts, just as Hill's alleged mental retardation/intellectual disability claim was copiously contested and found unsubstantiated."

The statement continued, "In our view, this is another meritless attempt to re-litigate, in the federal system, the same argument, at public expense. Such claims and tactics continue to deny the Fife family (along with the citizens of Ohio) their constitutional right to finality and justice, to delay Hill's 1985 sentence of execution, imposed by three Trumbull County Court of Common Pleas Judges, and to undermine the public's confidence in the criminal justice system. This case has been litigated ad nauseam -3 7 years and counting. Enough is enough."

For now, it appears that the Hill case could be heading back to court.