JOE O'Reilly's bid to have his conviction for the murder of his wife Rachel declared a miscarriage of justice has been struck out by the Court of Criminal Appeal.
However, Mr Justice Adrian Hardiman granted O'Reilly's lawyers permission to re-enter the application when it is ready to proceed.
In July 2007, O'Reilly was convicted by a Central Criminal Court jury and sentenced to life imprisonment for the murder of his wife at their home in the Naul, Co Dublin.
The badly beaten body of Rachel O'Reilly (30) was found in the bedroom of her home on October 4, 2004.
Last year, O'Reilly (40), who was not in court yesterday, lodged an application under Section 2 of the Criminal Procedure Act 1993 to have his 2007 conviction declared a miscarriage of justice.
The matter was before the court yesterday after Mr Justice Hardiman had previously asked O'Reilly's lawyers to give "some indication" of how the case is to proceed.
They were also asked to indicate whether evidence will be adduced in relation to issues raised in his grounds of appeal, which include circumstances where a Book of Evidence was left in the jury room during his 2007 trial.
Yesterday O'Reilly's counsel Ronan Munro said more time was required to review what was a substantial case file.
The judge said he was striking out the application and was granting liberty to re-enter the matter when it was ready, and when it can be shown what the case is about.