The California Supreme Court has overturned the 2005 death sentence for Scott Peterson in the slaying of his pregnant wife.
The court says prosecutors may try again for the same sentence if they wish in the high-profile case.
It upheld his 2004 murder conviction in the killing of Laci Peterson.
She was eight months pregnant with their unborn son.
Investigators said that on Christmas Eve 2002 he dumped the bodies from his fishing boat into San Francisco Bay.
The court on Monday said the trial judge made several significant errors in jury selection that undermined Peterson’s right to an impartial jury at the penalty phase.