On retrial, prosecutors would arguably have a more difficult job because of Tuesday’s decision. Orwick said it is premature to comment on whether her office would still proceed or choose to dismiss charges.

She said her office remains confident in Circuit Court Judge Robin Vannoy’s decisions in the case.

The appeals court noted in its ruling that McKay’s attorneys had evidence “that tended to show that Esters was the person who actually carried out the robbery” and that it formed “the essence” of their case.

But Vannoy agreed with prosecutors’ pretrial assertion that much of it was prejudicial and irrelevant and kept it out of trial, “thereby severely inhibiting defendant’s defense,” the appeals court judges wrote.

Among the evidence the defense wanted to present but could not: proof that Esters owned a handgun similar to the one used in the Aug. 10 robbery and that clothing similar to what the robber wore was found under Esters’ sofa.

The ruling also points in particular to cellphone records from Sprint showing a call made from the stolen phone to Esters’ girlfriend within 30 minutes of the robbery. Vannoy excluded those records after prosecutors argued that without an expert to explain them, they were confusing and at odds with other phone records.