Dr. Charles Mercer finds himself in court again, but this time in Supreme Court, as his attorney argues that murder charges for his wife's cold-case death in 1968 should-- for the final time-- be dismissed.

"What new evidence is there?" asks Justice Taylor.

"None," answers Mercer's attorney, Chris Bergstrom.

We were in court last summer when Judge William Collette threw out the case. Mercer and his family were overjoyed.

Collette said too much evidence had been destroyed in the '70s, too many witnesses had passed away for Mercer to get a fair trial. But the Court of Appeals overturned that decision.

Now, the question for the Supreme Court to decide-- did prosecution wait so long to arrest Mercer as a tactical move, to strengthen their case? The justices have the power to end-- or continue-- the case.

It could take months before the justices decide whether or not the case should go back to trial.