The Alabama Court of Criminal Appeals on Friday ordered a new trial for Lam Luong. The court ruled publicity surrounding the case made it impossible for the suspect to have a fair trial in Mobile where the crime occurred.
Attorney General's office spokeswoman Joy Patterson said Monday the state plans to appeal.
Luong, a part-time shrimp boat worker and Vietnamese immigrant, is accused of throwing the children from the Dauphin Island bridge into the Mississippi Sound in January 2008.
The trial judge denied requests by Luong's lawyers to move the trial outside of Mobile County.