Judge Price based his order on two things: First, the judge said Nash's trial came from an inconsistent presentation of the evidence that was also used in the previous trial of another co-defendant. The second basis was due to juror misconduct.
Price's order to throw out the guilty verdict was stopped by the state supreme court. The Alabama Court of Criminal Appeals ordered Price to reinstate the murder conviction.
The State of Alabama argued that Judge Price, "abused [his] discretion, usurped [his] power, and created a gross disruption in the administration of justice," when he granted Nash's motions to set aside the verdict and order a new trial.
The State said Judge Price, "erred in applying judicial estoppel" and "ignored the law and erroneously granted a new a new trial based on juror misconduct."
The Court of Appeals agreed and ordered the judge to reverse his decision and set a sentencing date for Nash.
Nash is one of four people implicated in McNeil's death. The others pleaded guilty and did not go to trial. They include Nash's ex-fiance', Serena English, whom prosecutors say was in a custody dispute with McNeil at the time of his death, and cousins Jeremy and Kendall Riley.