In a court filing, the judge said the conviction of Melissa Lucio, whose scheduled execution in 2022 was halted, should be overturned. The state’s highest criminal court will now decide.

Melissa Lucio was two days away from being put to death in Texas for the murder of her 2-year-old daughter when an appeals court intervened in 2022. Now, a judge says Lucio never committed the crime at all.

Melissa Lucio may be set free after findings that prosecutors withheld evidence that her 2-year-old died of an accidental fall.