The Maryland Court of Special Appeals will hear arguments in the Daniel Greene case on January 7, 2019.
Greene, a former Prince George's County firefighter, is accused of killing Jon Hickey, a Baltimore County volunteer firefighter. Hickey was found dead in his Upper Fells Point apartment on November 30, 2017.
In August, a Baltimore City Circuit Court judge granted defense attorney Warren Brown's motion to suppress key evidence in the case. The video is of Hickey's then girlfriend and Greene's ex-girlfriend identifying Greene as the man seen in surveillance video leaving Hickey's apartment.
Brown argued the evidence was unreliable because police detectives were suggestive during the identification process.
Hickey's family didn't agree with the ruling, saying Hickey's girlfriend identified Greene without detective's help.
The Baltimore City State's Attorney appealed the decision. Arguments are scheduled to begin at 9 a.m. in court room 1.