In January 2005 the case was reversed by the 6th Circuit. Ohio had 90 days to set up a retrial or free Kenny. Attorney General Petro, unwilling to accept the retrial, appealed to the US Supreme Court.
Surprisingly the US Supreme Court not only accepted to hear the appeal but threw out the 6th Circuit decision.
The case is still very much alive. On 24th January 2007, the case was reheard at the 6th Circuit Federal Court of Appeals. We are still awaiting that decision.

The case can be read on www.torley.org