JACKSON COUNTY, MO (KCTV) -- Kevin Strickland is the first Missouri defendant to road test a new law which gives prosecutors the power to bring old convictions back before judges.

He’s hitting every road block.

In a newly filed motion, the Missouri Attorney General is asking the appeals court to move the hearing out of Jackson County and block the current presiding judge from hearing the case.

The hearing is scheduled in just two weeks, the first full week of October. Strickland has already spent 43 years in prison.

Strickland is convicted in a Kansas City triple murder he swears he did not do. The real gunmen from the night agree and now so does the current prosecutor, Jean Peters Baker.

She held a press conference where she teared up and openly apologized to Strickland.

The case has made national news due to the length of Strickland’s imprisonment and the fact that the surviving eyewitness reached out to an innocence project before her death asking for help. She was shot that night but survived her injuries.

The new filing points to emails between the prosecutor and current judge as evidence that the judge is now tainted and cannot be impartial.

It also points out the legal standard “of appearance of impropriety.”

It’s asking a higher court to cancel the current hearing and block any judge in the 16th district, Jackson County, from hearing the case.

Jean Peters Baker did not comment on today’s filing. She has previously accused the Missouri Attorney General of continually pushing for delays.

Strickland is represented by the Midwest Innocence Project.

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