TheState Court of Appealsruled on Tuesday that Timothy Blackwell may be re-tried on second-degree murder charges, at most.
Blackwell's case was re-examined because theN.C. Supreme Courtsaid North Carolina's felony murder rule did not apply to drunk driving cases.
Blackwell was drunk and high on heroin when he caused the crash that killed 5-year-old Megan Dail in February of 1997.
Blackwell had five previous drunken-driving convictions and was trying to escape when officers arrested him.
He is currently serving a life sentence.
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