Alicia Murphy, charged with second degree murder in the 2008 death of Evangeline Billy in Whitehorse, is being released from jail pending a new trial.

A Yukon Supreme Court judge ruled Thursday that Murphy's detention cannot be justified as she is now presumed innocent until proven guilty.

The 34-year-old Whitehorse woman was convicted on the charge four years ago and sentenced to life in prison. But an appeals court ruling earlier this year found Murphy's original trial was flawed, and ordered a new one.

A date for the new trial has not yet been set.