updated 9/25/2008 8:08:48 PM ET 2008-09-26T00:08:48

A federal judge gave Louisiana 120 days to dismiss charges or retry a former Black Panther whose conviction was overturned in a prison guard's 1972 death.

Albert Woodfox was held in solitary confinement at the Louisiana State Penitentiary at Angola for 36 years and is one of the former Panthers known as the "Angola Three."

In July, U.S. District Judge James Brady overturned the conviction over mistakes by Woodfox's former lawyer.

In a brief order released Thursday Brady said the state must respond with its plans within 30 days.

Louisiana Attorney General James Caldwell said Thursday he would appeal the order.

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