PULASKI COUNTY (WSLS 10) - A Pulaski County judge dismissed the Commonwealth's appeal Wednesday to not give defense lawyers the results of tests on a cell phone found on Noah Thomas' body.
Last week, the judge ruled the test results be given to both the prosecution and Ashley White's defense team.
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After Wednesday's appeal, the judge decided the order will stand.
Noah's mother, Ashley White, is charged with felony homicide as well as child abuse and neglect.
Noah's father, Paul Thomas, is also charged with child abuse and neglect.
Noah was found in a septic tank in March near the family's home following a five day search in Dublin.