A Whitehorse woman will stand trial again for second-degree murder this November.

Alicia Murphy, 35, will have a retrial in Yukon Supreme Court for the death of Evangeline Billy, whose beaten body was found in the Yukon River in 2008.

Murphy was convicted by a jury in 2009 and sentenced to life in prison without the possibility of parole for 14 years.

Nearly five years into her sentence, Murphy successfully appealed in 2014, on the grounds that Crown prosecutors had introduced inadmissible evidence and engaged in “oath-helping” – bringing forward evidence solely to bolster a witness’ credibility – two key witnesses.

While Murphy’s retrial was initially scheduled tentatively for this summer, delays arose due to a unique funding dispute late last year.

Last week, the Yukon Court of Appeal upheld a ruling that the Crown must pay for Murphy’s counsel of choice, Whitehorse lawyer Jennie Cunningham.

It agreed that the Yukon Legal Services Society’s decision to not appoint Cunningham, and instead assign Murphy a B.C. lawyer, was a de facto denial of legal aid.

In cases where an accused is denied legal aid, they may seek state-funded counsel.

Last year, after her appeal, Murphy had sought legal aid as she did for her trial. She stated her preference for Cunningham, who also represented her at her appeal.

The society assigned her Outside lawyer Donald Campbell instead. Murphy appealed, again requesting Cunningham, but legal services upheld its decision, citing Campbell’s experience defending murder charges and “using common sense when resolving matters.”

The board further stated in its letter that it “is not required to provide a client with their choice of counsel,” and if Murphy didn’t want Campbell, she could pay for her own lawyer.

In November, Cunningham argued in Yukon Supreme Court that the legal aid board’s decision to offer Murphy one lawyer, and tell her to hire private counsel if she didn’t approve, equates to denying her legal aid.

Justice Leigh Gower agreed and stayed, or put aside, Murphy’s murder charge until the government funded her lawyer of choice. Murphy was released from custody, temporarily a free woman.

The Crown refused to fund Cunningham and appealed. That appeal was heard in Vancouver in April, and the three-judge panel released its decision last week.

“In these unusual circumstances, Ms. Murphy reasonably refused to accept the appointed lawyer,” wrote Justice Elizabeth Bennett.

“Ms. Murphy’s options were to accept counsel whom she understandably did not trust, or to receive no assistance from legal aid.”

Murphy had testified last year that she felt pressured to accept Campbell as her lawyer, while she felt comfortable with and trusted Cunningham. She was concerned Campbell would push her to accept a plea bargain, she said.

With the Crown now funding Murphy’s lawyer, her second-degree murder charge has been reinstated.

The trial will be held before a judge and jury from Nov. 2 to 27.

Murphy has been released on bail in the meantime.