That court received Jonathan Montgomery’s petition for Writ of Actual Innocence just before Christmas and decided not to dismiss the petition.
According to Virginia Code, Attorney General Ken Cuccinelli has 60 days to file a response.
Until that response is filed, the petition cannot move forward.
Montgomery spent more than four years in prison for sex crimes he didn’t commit after his accuser admitted she made up the story of alleged abuse.
A Hampton circuit court judge ordered Montgomery's release in November it was blocked by Cuccinelli, who said the release order violated Virginia's 21-day rule.
NewsChannel 3 took action, going to Richmond to ask Governor Bob McDonnell to intervene on Montgomery's behalf.
McDonnell granted Montgomery a conditional pardon just two days before Thanksgiving
Montgomery must receive the Writ of Actual Innocence in order to fully clear his name and erase the criminal record.
Elizabeth Coast, Montgomery's accuser, is expected to appear in court on a felony perjury charge later this month.