Idaho attorney general Lawrence Wasden's office won't ask the state's top court to reconsider a decision to throw out Hayden resident Jonathan W. Ellington's second-degree murder conviction and sentence.

So the case is headed back to 1st District Court in Kootenai County, where a new trial was granted by the Idaho Supreme Court.

A spokeswoman for the attorney general, Kriss Bivens Cloyd, told The Press Friday they won't be filing a motion with the Idaho Supreme Court asking the justices for a re-hearing. Friday was the deadline for the decision.

The Supreme Court also vacated two counts of aggravated battery that stemmed from a road-rage incident involving three cars that turned deadly for one woman on New Year's Day 2006. His jury trial was held in August 2006.

Ellington, who is imprisoned near Boise, was charged with killing Vonette L. Larsen, 41, by running her over near Scarcello and Ramsey roads in North Idaho.

In its opinion last month, the court cited multiple instances of prosecutorial misconduct and the likelihood that an Idaho State Police officer, Cpl. Fred Rice, committed perjury during Ellington's trial as a prosecution witness.

Ellington filed a motion for a new trial, in part, on the grounds that Rice had testified inconsistently with testimony in a prior case. His testimony also was inconsistent with training materials Rice teaches from, which he prepared.

Rice testified about driver reaction times and the use of crash debris to locate a point of impact between vehicles.