FALL RIVER, Mass. (AP) — Prosecutors say they will appeal a ruling erasing former NFL star Aaron Hernandez’s conviction in a 2013 murder because he died before his appeal was heard.

Judge Susan Garsh ruled Tuesday that Hernandez’s conviction must be dismissed under longstanding case law in Massachusetts that says a conviction is not final until a court has decided the merits of a defendant’s appeal.

After the judge announced her decision in court, Bristol County District Attorney Thomas Quinn III said he will appeal the ruling to the state Supreme Judicial Court.

Prosecutors had argued that Hernandez forfeited his right to appeal when he made a “calculated” decision to take his own life.

Hernandez killed himself in prison last month.

Quinn said the legal principle of “abatement” is antiquated and should be changed.

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