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14 Oct

The state Court of Appeals vacated the 2015 conviction and 2016 three-year prison sentence in a ruling released Wednesday.

Murphys husband, Harold, was convicted of the same charge, but he did not appeal.

Murphy was all smiles as she stepped out on Thursday at The Pump Group VIP Cocktail Reception at W Hollywood, where photographers snapped pics of her with former NBA star Gary Payton.

The reality star’s rep isn’t commenting on whether the duo are more than friends, but this most recent pairing shouldn’t come as a surprise, since a source told PEOPLE both have already moved on from one another.

“They’ve been having problems for two years and have been off and on throughout,” the source tells PEOPLE.

Harold Murphys lawyer, William Ford, conducted cross examination and Assistant Macomb Prosecutor Yasmine Poles conducted redirect questioning.

If the ruling is not overturned, Murphy should be eligible under a state law that provides compensation to those who are wrongly convicted, Lavoy said.

Judges Kelly and Shapiro also criticize trial Judge James Biernat Jr.

Murphys appellate attorney, Kristin Lavoy, said Thursday she plans to file a legal motion for an appeal bond for Murphy so she can be released while an appeal is pending. The prosecution presented evidence indicating the couples home was in filthy condition, occupied by about eight people.

One appeal ruling released by two judges says the verdict was not supported by sufficient evidence because the prosecution failed to provide the alleged act by Murphy. Simply failing to take an action does not constitute an act. Gleicher wrote there also was no evidence that Murphy was reckless - that she ignored a substantial and unjustifiable risk of serious harm.