SPRINGFIELD, IL. (WJPF) — The special prosecutor leading the case against Gaege Bethune in the 2014 death of Pravin Varughese has filed an appeal with the state supreme court.

Special Prosecutor David Robinson is appealing Judge Mark Clarke’s decision last month to throw out Bethune’s conviction on first degree murder.

At the time, Clarke said that the indictment could have been confusing to the jury.