Milke was released from prison on bond in September. She was convicted in 1990 of having two men kill her 4-year-old son.
The 9th U.S. Circuit Court of Appeals overturned her conviction in March. The panel cited the prosecution's failure to turn over evidence that called into question the credibility of the state's key witness - a detective who told jurors Milke confessed.
Milke's attorneys say a retrial should be barred because of prosecutors' misconduct.
Prosecutors argue they may have made mistakes but did not intentionally deceive Milke's lawyers.
"Based on the existing information, the court cannot conclude that the prosecutor intentionally engaged in conduct which he knew to be improper, or that he did so with indifference, if not a specific intent, to prejudice the defendant," Mroz wrote in her ruling.
Copyright 2014 CBS 5 (KPHO Broadcasting Corporation). All rights reserved. The Associated Press contributed to this report.
UPDATEJudge denies double jeopardy argument in Milke retrialMore>>