A decision on whether the convicted killer of Tori Stafford will receive legal aid funded by taxpayers has been put off again.

The Ontario Court of Appeal was supposed to rule Tuesday whether Michael Rafferty would receive help to pay for an appeal of his first-degree murder conviction.

Instead the matter has been put over until October 16th.

Rafferty is basing his appeal on grounds that the trial judge failed to properly instruct the jury and that the jury didn't understand the necessary evidence to convict him of first-degree murder.

That appeal has yet to be granted.

Rafferty was convicted in May of 2012 in connection with Tori Stafford's death in April of 2008.