MONTGOMERY (AP) — A judge is refusing to dismiss murder charges against an Alabama inmate who has been held in jail for a decade without a trial.

Houston County Circuit Judge Kevin Moulton wrote in a Friday order that there is no evidence that the state purposely delayed the case or that defendant Kharon Davis has been prejudiced.

Davis is charged in the 2007 shooting death of Pete Reaves. He has been held in jail for a decade without bail.

His attorneys say the original judge allowed Davis to be represented for four years by an attorney with a conflict of interest because the attorney’s son was the police investigator in the case.

Moulton wrote that Davis knew about the conflict and kept the attorney.

The case goes to trial Sept. 18.