CINCINNATI (AP) — A 49-year-old man sentenced to death in 1998 is scheduled to appear before a county judge in Cincinnati after a federal appeals court threw out his conviction.

Ahmad Fawzi Issa was convicted of aggravated murder after being accused of arranging the 1997 slaying of a Cincinnati convenience store owner. The 6th U.S. Circuit Court of Appeals later ruled that his constitutional right to confront witnesses against him was violated and that hearsay testimony was used to convict him.

The U.S. Supreme Court on May 20 rejected Ohio’s appeal of the 6th Circuit ruling, meaning the state must retry Issa or free him.

Hamilton County Common Pleas Judge J. Patrick Foley III set a pretrial hearing for Thursday morning.