Music producer Phil Spector will face a retrial for murder in October despite defence attempts to stop it, an appeals court in California has ruled.
The court rejected a call for a stay of the trial so the defence could appeal on the grounds of double jeopardy.
The court also ruled out making any assurance that prosecutors would not ask jurors to convict Spector of lesser offences.
Mr Spector is charged with killing actress Lana Clarkson. The jury in the first trial failed to reach a verdict.
The trial collapsed at the end of September 2007 after 12 days of deliberation.
A decision on a second trial has taken until now due to the commitments of the last member of his legal team.
Christopher Plourd has been involved in two death penalty cases.
Most of Mr Spector's legal team resigned or were dispensed with after the mistrial was declared, with only Mr Plourd remaining in place.
The music producer, 68, denies murdering actress Lana Clarkson at his Los Angeles mansion.
The actress was found with a gunshot wound in her mouth after a night out. During the four-month trial, defence lawyers argued it was suicide.
Mr Spector, 68, was charged with second degree murder. It falls between first degree murder - which requires proof of pre-meditation - and manslaughter.
Ms Clarkson, 40, had been working as a hostess at the House of Blues venue in Los Angeles, where she met Mr Spector on the night of her death.
The actress accompanied the producer to his mansion in the early hours of the morning but was later found in his foyer.