Thomas and Raymond Highers were accused of shooting a marijuana dealer at a house in Detroit.
On Aug. 13, Wayne County Circuit Judge Lawrence Talon ordered them retried and freed on $10,000 bonds after new witness testimony suggested the brothers may have been misidentified. Their retrial is scheduled for April 22, 2013.
The Wayne County prosecutor appealed, but the appeals court declined Wednesday to reverse it.
Spokeswoman Maria Miller said the prosecutor's office may appeal to the Michigan Supreme Court.
Thomas Highers is 47, and Raymond Highers is 46. They said they planned to attend Detroit's Thanksgiving parade today.