GASTON COUNTY, N.C. -- The life of a Gaston County man serving life in prison for the murder of a UNC Charlotte student could soon change.

A judge announced on Wednesday that Mark Carver, convicted in 2011, will be granted a new trial. He was convicted in 2011 for the murder of UNC Charlotte student Ira Yarmolenko.

Her body was found strangled by her car near the Catawba River in 2008. Carver and his cousin were fishing nearby. They were both charged with murder.

"It's a baby step. It's our tenth baby step," Carver's attorney, Chris Mumma, said. "The murderer of Ira Yarmolenka has not been charged, and is still out there." 

His cousin died before the trial. Carver was found guilty and sentenced to life in prison. But the North Carolina Center for Actual Innocence took Carver under their wing and held a hearing back in April.

Their case before the judge claims his attorney did not represent him well and that he was not mentally stable enough to kill her or stand for an interrogation. During the hearing we saw the interrogation tapes. His attorneys claim he did not know the height of the victim.

"It's hard enough when you walk in the courtroom charged. There's not a presumption of innocence, there's a presumption of guilt because you've been charged. And once you're convicted, it's just so hard, the hill to get over it," Mumma said.

Mumma says Carver is definitely innocent.