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PHOENIX -- A California divorce lawyer accused of murder in Arizona is expected to be released from jail Monday night or Tuesday now that his case has been dismissed.

The upcoming release of Robert Fischer of Irvine will come about 10 days after a judge ruled that the case's evidence didn't support a guilty verdict against Fischer and ordered a new trial.

Prosecutors are still pursuing the case against Fischer.

They asked the judge to dismiss the case in a procedural move that clears the way for their appeal of the judge's decision.

They still have the option of refiling the case.

Nearly three months ago, Fischer was convicted of second-degree murder in the December 2010 shooting death of his stepdaughter's husband, 49-year-old Norman ``Lee'' Radder, in Queen Creek.

Associated Press,

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