The court says Marie Hess' attorney did not adequately represent her.
Under a plea agreement, Hess pleaded guilty to aggravated manslaughter in 2001.
The court on Thursday found the agreement restricted Hess' attorney from arguing for a lesser sentence.
Her husband, Jimmy, was a Burlington Township police officer. The 35-year-old was gunned down while he slept in 1999.
The Courier-Post of Cherry Hill reports the Burlington County Prosecutor's Office plans to take Hess to trial.
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Information from: Courier-Post, http://www.courierpostonline.com/