An attorney for a Missouri man awaiting his third trial in a 1990 fatal shooting has asked a state appeals court to uphold a lower court's ban on key ballistics evidence upon which the case against him is based.

But the state's lawyer told the three-judge panel on Tuesday questions about evidence should be left up to the trial court.

Mark Woodworth was convicted in 1995 and again in 1999 of second-degree murder and other charges in the Nov. 13, 1990, shooting of Lyndel and Cathy Robertson in their rural Chillicothe home. Cathy Robertson was killed and Lyndel Robertson was seriously wounded.

Both verdicts were overturned and the state has charged him again. Defense attorneys say a private detective tampered with key evidence, which should not be allowed at trial.