There are new developments in Gary Thibodeau's case as he may end up back in a courtroom soon.

Thibodeau was convicted of kidnapping Heidi Allen from an Oswego County gas station back in 1994. Heidi Allen's body was never found.

Thibodeau has maintained his innocence from the beginning. Now his attorney is hoping to re-argue his case in front of the court of appeals.

In a 4-to-3 decision last month that court did not grant Thibodeau a new trial.

Defense attorney Lisa Peebles says new evidence in the case should be taken into account, including several witnesses.

Meanwhile, Thibodeau's health continues to decline. He's been in hospice care for months.