Tuesday could be the day Ryan Ferguson becomes a free man.
Last week, the Missouri Court of Appeals overturned Ferguson's 2005 murder conviction.
Ferguson's defense attorney Kathleen Zellner filed a motion for a bond to have her client released from prison.
If the state doesn't respond to that motion Tuesday, Ferguson could be released from custody, at least temporarily.
The state has until November 20 to decide whether to retry him.
Last Friday, an assistant attorney general was appointed as a special prosecutor in the case.