NASHVILLE, Tenn. (WKRN)– Attorneys for a Nashville police officer charged with murder went before a judge again Monday morning.

The issue was over a ruling made last month regarding the future jury for the Andrew Delke trial.

Delke’s attorney maintains that a Nashville-based jury would not make for an unbiased opinion.

Monday morning, a judge said he can continue fighting for an outside jury.

The former officer is being charged with first-degree murder for shooting and killing Daniel Hambrick in July of 2018.

Judge Monte Watkins denied a request by the defense last month for a change of venue.

Delke’s attorney, David Raybin asked permission of the trial court to appeal the denial of that motion to a higher court.

That request was granted.

Hambrick’s family appeared disappointed.

The trial is set for next spring.