Circuit Court Judge John Steensland has upheld a decision to leave a Dothan man on trial for capital murder.
Joseph Holly confessed to killing Jimmy Laetin Jr. at Laetins house in mid-July.
Holly contends Laetin molested his estranged wife seven years ago, when she was a minor.
Defense attorney Tom Brantley attempted to overturn the capital murder charge by stating holly was under the influence of alcohol and had a right to be in Laetin's home at the time of the murder.
Holly and Laetin were friends and Laetin asked Holly to buy some items from the store and leave them in the house.
Holly did, but returned later with a shotgun.
District attorney Doug Valeska says Holly should not have entered the house a second time, and his intent was to kill.
Holly is being held without bond in the Houston County Jail, pending his trial.