CEDAR RAPIDS, Iowa (AP) -

A new trial for a Fairfax man convicted in 2008 of first-degree murder will be held next year.

The Gazette in Cedar Rapids reported Monday that the new trial for 23-year-old Jacovan Bush is scheduled for Jan. 28 in Linn County District Court.

Bush was convicted in November 2008 in the shooting death of 19-year-old Thomas Horvath in a Cedar Rapids apartment parking lot.

In 2010, the Iowa Court of Appeals overturned Bush's conviction and ordered a new trial. The appeals court ruled prosecutors should not have put witnesses on the stand at Bush's trial after those witnesses had recanted statements to police that identified Bush as the shooter.

The Iowa Supreme Court denied a request for further review from the state in 2011.