Prosecutor William Norine said Wednesday he will work with the state Department of Justice in the appeal because the case involves important questions about preserving evidence.
Thirty-three-year-old Kyle Huggett was accused of second-degree intentional homicide in shooting 29-year-old John Peach after he broke into Huggett's home in January 2008.
Judge James Babbitt says Huggett's right to due process was denied because detectives failed to save some allegedly threatening telephone voice mails that Peach left on Huggett's phone and his girlfriend's phone.
The judge says the messages were key in sorting out whether Huggett acted in self-defense.
