EVANSVILLE, Ind. -- The U.S. Court of Appeals has upheld a ruling that overturned the 1991 conviction of a death row inmate charged with killing a woman and her two children.

The U.S. Court of Appeals for the 7th Circuit in Chicago said last week that U.S. District Judge Sarah Evans Barker was correct when she ordered a new trial for James P. Harrison.

Barker had said Posey County Judge James Redwine should have removed himself from the case because he was biased against Harrison.

But Redwine disputes the court's ruling that his "unmistakable bias" against Harrison "infected" the proceedings and deprived Harrison of his constitutional right to a fair trial.

"I had no prejudice against him," Redwine said Wednesday. "I know he got a fair trial."

A Posey County jury convicted Harrison of killing 20-year-old Stacey Forsee and her two small children in 1989. Redwine sentenced him to death.

Barker said Redwine should have removed himself from the case after Harrison's attorneys went public with an allegation that Forsee knew Redwine.

Although Harrison's conviction and sentence have been overturned, he remains behind bars. On Wednesday, Posey County Prosecutor Jodi Uebelhack said she's prepared to retry Harrison on murder charges and will file a death penalty case against him if his appeal stands.

Uebelhack said Indiana Attorney General Steve Carter has already notified her that his office will appeal last week's ruling.

All the appeals on the prosecution's side have been handled by the Attorney General's office.