The Minnesota Court of Appeals on Friday ruled that the previously thrown out third-degree murder charge against Derek Chauvin, the former Minneapolis police officer charged for killing George Floyd in May, should be reinstated. The order reverses Hennepin County Judge Peter Cahill’s earlier ruling that tossed the third-degree charge. The case will now be sent back to Cahill, and could delay Chauvin’s trial that is scheduled to begin next week, especially if Chauvin’s defense attorney Eric Nelson appeals the decision to the Minnesota Supreme Court.

“The district court has the discretion to consider any additional arguments Chauvin might raise in opposition to the state’s motion,” the ruling said. “But the district court’s decision must be consistent with this opinion.” Chauvin is currently charged with second-degree murder and manslaughter.