The motion to dismiss the case against Richard Conte has been denied.
The trial is set to begin July 10th.
The man accused of a double murder more than ten years ago was back in court Tuesday.
Richard Conte was charged last year with two counts of capital murder for the deaths of Carter Elliott and Timothy Robinson in Conway back in 2002.
Tuesday, his attorney told a judge, their case is prejudiced because a key witness is now dead. He says the case should be dismissed.
Prosecutors argue the case should go on.
The judge told attorneys he'll decide by Friday. We'll keep you updated.