MEMPHIS, Tenn. (AP) -- A woman who was on the lam for 32 years after a murder conviction must get a new trial or be released.

Margo Freshwater was 18 in December 1966 when Memphis liquor store clerk Hillman Robbins was shot and killed.

The Court of Criminal Appeals ruled in May that jurors might have judged differently had they known of claims that a co-defendant said he was the only shooter. He was found incompetent to stand trial.

On Wednesday, the high court declined to consider an appeal of the ruling granting Freshwater a new trial.

Freshwater escaped from prison in 1970. She was recaptured in Columbus, Ohio, in 2002, living under the name Tonya McCartor.

Deputy District Attorney John Campbell told The Commercial Appeal prosecutors are considering whether to retry the case.