NEW ORLEANS (AP) - New Orleans prosecutors will ask a federal appeals court to reconsider a ruling that led to freedom for a man who spent 36-years in prison for a French Quarter killing.

John Floyd was released in June after U.S. District Judge Sarah Vance said he must be freed or re-tried in the 1980 stabbing death of William Hines. On Friday a panel of the 5th U.S Circuit Court of Appeals upheld Vance.

But the vote was 2-1 and District Attorney Leon Cannizzaro said Monday that he will ask the full appeals court to re-hear the case. Prosecutors didn't object to Floyd's release during appeals and it's unclear whether they would seek to re-imprison him for life. But they have said Vance's ruling was erroneous and sets a bad legal precedent.