The young boy's mother, Deborah Geisler, had hoped he would be released Friday, but that didn't happen.
"I'm very disappointed," she said.
Harris County juvenile court Judge Mike Schneider ruled with the prosecution.
"I think it's important for him to stay where is for now until this case goes through the appellate system," said Bill Hawkins with the Harris County District Attorney's Office.
The now-14-year-old boy was convicted for the 2004 shooting death of his father. Last week, an appellate court overturned the case. Defense attorneys argued jurors didn't hear all they should have about the boys past, including details of alleged abuse by his father.
"He has spent three, now four, Christmases away from his family," said Chris Tritico, the teen's attorney. "I think this case has gone on long enough. It's time for some resolution in these matters."
Geisler says her son has grown not just physically in his four years with TYC, but has a much better understanding of the judicial system than he did at 10."
"There's always hope. That's never left me, the hope that he will come home," said Geisler.
The state is expected to file a motion for re-hearing by the end of the year, asking the entire panel of judges on the court of appeals to look at the decision again.
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