MEMPHIS, Tenn.— Once again, the state sentencing of Desmond Mills Jr and Emmitt Martin III has been delayed.

Both entered guilty pleas in the beating death of Tyre Nichols several months ago.

On Thursday morning, Judge James Jones Jr. reset the hearing to October 3, which comes after the defendants’ report date in federal court. 

Mills’ Defense Attorney, Blake Ballin, says what happens in federal court will determine their next steps at the state level.

Ballin stated, “Since we were last here in state court, there’s been some movement in federal court. Judge Lipman has a number of motions in front of her. She looks like she’s going to rule on those in the next week or so.”

In June, WREG reported that defense attorneys filed motions or planned to file motions calling for a new trial or for the government to release more information about the case.

“If a new trial is granted, that will change a lot of things in the state’s systems. If it’s not, then we’ll proceed to sentencing, which is in late December,” Ballin said.

Martin and Mills entered plea deals with the federal government before Tadarrius Bean, Demetrius Haley, and Justin Smith were convicted of federal charges tied to Nichols’ death. 

All of the defendants were scheduled to be sentenced at an earlier date, but that changed when U.S. District Judge Mark Norris recused himself from the case.

Ballin says Mills, who is out on bond, remains patient since he has a deal with the state that cannot be implemented until after the federal sentencing.

However, he can’t say the same for the other defendants. 

Again, both Martin and Mills will be back in state court on October 3rd.

The judge says since Martin is still in federal custody, he will make his court appearance via zoom.