City prosecutors will ask the Hawaii Supreme Court to review a recent state appeals court ruling that overturned an attempted murder conviction and ordered a new trial for a man accused of beating his wife with a hammer.

Lincoln Phillips, 39, was a Schofield Barracks soldier when he was charged with beating his wife, Tara, who suffered severe head injuries in the September 2008 beating at their Ewa Beach home.

In a 2-1 ruling the appeals court held that a hammer that was found in the garage and supposedly used in the beating should not have been admitted in the trial because it was seized by police without a warrant. The majority held that Circuit Judge Karen Ahn erred in not suppressing the hammer as evidence.

"We’re obviously pleased at this point with the (appeals court) decision," Phillips’ lawyer Randall Hiro­naka said.

Dave Koga, city prosecutor’s office spokes­man, said the prosecution will seek a review by the high court.

Tara Phillips, 38, who suffered skull fractures and brain injuries, died about a year and half after the beating at a hospital in Florida.

The appeals court ruling issued Aug. 30 sets aside Lincoln Phillips’ life term with possibility of parole for the attempted murder conviction.